How can a lease be terminated in the State of West Virginia?

A definite term lease (such as a 1-year lease) cannot be terminated before the expiry of the lease unless the lease itself contains provisions which allow a tenant to break the lease, except upon the death of a tenant.

A periodic tenancy can be terminated by either party giving written notice to the other one full rental period plus one day before the end of the tenancy.

On what grounds can a landlord evict a tenant?

A landlord can evict a tenant for not paying the rent, breach of the rental agreement, damage to property, illegal activities in or unlawful use of the premises, endangering other persons or the property, or for abandoning the property.

A landlord cannot forcibly remove a tenant. In order to evict, a landlord must first bring an unlawful detainer action against the tenant and have the court order the tenant to vacate the premises. If the tenant can show that immediate eviction will cause substantial hardship, the court will allow a reasonable period of time up to 1 week in which to move. A hardship delay will not be granted if the tenant is causing a nuisance or seriously endangering the safety of other residents, their property or the landlord’s property.

A landlord cannot lock a tenant out or otherwise preclude a tenant from living in the premises without a court order. The landlord cannot shut off a tenant’s utilities to force the tenant to move out. Also, a landlord cannot confiscate a tenant’s belongings for nonpayment of rent or other charges.

A landlord cannot evict a tenant, raise the rent, cut services, end a tenancy or otherwise adversely change the rental terms in retaliation for a tenant’s good faith attempt to enforce his or her rights, including reporting the landlord to a governmental agency for violating health, safety, housing or building codes, or joining a tenant’s association.

According to West Virginia law, landlords cannot legally refuse to sell, rent or lease housing to potential tenants, or have different rental terms, on the basis of race, color, creed, religion, national origin, sex, marital status, sexual orientation, disability, or reliance on public assistance. The only exception is an owner living in a single family dwelling, who may refuse to rent part of the premises on the basis of sex, marital status, sexual orientation, disability or reliance on public assistance. A landlord cannot refuse to rent to families with children unless (i) the premises are an owner-occupied house, duplex, triplex or fourplex; or (ii) the building is designated solely as housing for elderly persons (62 years of age or older).

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.

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