West Virginia Notice to Vacate

Generate a complete, West Virginia-compliant Notice to Vacate, provide the party giving notice, reason, property address, and vacate date to receive the appropriate notice form (month-to-month one-month termination, 5-day pay-or-quit for nonpayment, cure-or-quit for violations, or unconditional), with proper statutory citations, service options, and instructions., -

WEST VIRGINIA NOTICE TO VACATE

Governed by W. Va. Code § 37-6-5 (Notice to Quit) and W. Va. Code § 55-3A (Unlawful Detainer)

Date of Notice: [[Date of Notice]]

TO: [[Tenant or Occupant Full Name(s)]]
All other occupants at:
[[Property Address]]
[[City]], West Virginia [[ZIP Code]]

FROM: [[Party Giving Notice]] (Landlord / Tenant / Authorized Agent)
[[Party Mailing Address]]
[[City]], West Virginia [[ZIP Code]]
Phone: [[Contact Phone]] | Email: [[Contact Email]]

RE: Notice to Vacate / Pay or Quit, [[Property Address]], -

Notice Type Selection

West Virginia recognizes several notice types. This document selects and completes the form appropriate to the facts provided.

Selected Notice Type for this document: [[Reason for Vacating, e.g., Non-payment of rent / Lease violation / Month-to-month termination / Other]]

Vacate Date (or Pay Deadline): [[Vacate Date]], -

FORM A, 5-Day Notice to Pay Rent or Quit (Non-Payment)

*(Use when rent is unpaid. This notice demands rent only. Late fees or other charges may not be included in the demand.)*

NOTICE TO PAY RENT OR QUIT
Five (5) Day Notice, W. Va. Code § 37-6-19

YOU ARE HEREBY NOTIFIED that you are in default of your rental agreement for the Premises described above for failure to pay rent when due.

Amount of Rent Due: $[[Amount of Rent Owed, use separate itemization if multi-month]]

Period(s) Covered: [[Rent Periods Owed, e.g., June 1, June 30, 2026]]

Total Rent Demanded: $[[Total Rent Owed]]

Payment Location: Pay in full to [[Party Giving Notice or Agent]] at [[Payment Address or Method]] within FIVE (5) DAYS after service of this notice (excluding the day of service).

If you fail to pay the full amount within the five-day period, the landlord will initiate unlawful detainer proceedings in Magistrate Court to recover possession and the amounts owed. You may still be liable for additional rent, damages, court costs, and attorneys' fees., -

FORM B, Notice to Cure or Quit (Lease Violation)

NOTICE TO CURE OR QUIT
W. Va. Code § 37-6-18(a)

YOU ARE HEREBY NOTIFIED that you have breached the rental agreement at the Premises by: [[Specific Description of Curable Violation, e.g., unauthorized pet, excessive noise, failure to maintain cleanliness per lease Section X]].

Cure Required: You must cure the violation within a reasonable time after service of this notice. In practice, landlords commonly allow at least fifteen (15) days. The violation must be fully remedied and not repeated.

If you fail to cure within the time provided, or if the violation is repeated, the landlord may serve an unconditional notice or proceed with unlawful detainer.

Deadline to Cure: [[Cure Deadline Date]], -

FORM C, Unconditional Notice to Vacate (Incurable or Repeat Violation)

UNCONDITIONAL NOTICE TO QUIT
W. Va. Code § 37-6-18(b)

YOU ARE HEREBY NOTIFIED that your tenancy is terminated effective [[Vacate Date]] because of [[Reason, incurable violation or repeat breach after prior notice, e.g., illegal activity, serious damage, repeated uncured violations]].

You must vacate the Premises and remove all personal property on or before the vacate date. If you remain, the landlord will file for unlawful detainer in the appropriate court without further notice., -

FORM D, One-Month Notice to Vacate (Month-to-Month Termination, No Cause)

NOTICE OF TERMINATION OF MONTH-TO-MONTH TENANCY
One (1) Calendar Month Notice, W. Va. Code § 37-6-5

This notice is given by [[Party Giving Notice]] to terminate the month-to-month tenancy at the Premises.

Vacate Date: You must vacate the Premises on or before [[Vacate Date]] (the date that is one full calendar month after proper service of this notice).

No reason is required for termination of a month-to-month tenancy under West Virginia law. West Virginia does not impose a just-cause requirement for non-renewal or termination of periodic tenancies.

If you are the tenant giving this notice to the landlord, the same one-month period applies., -

Service of Notice

This notice is served by (select and complete):

• [ ] Personal delivery on [[Service Date]] to [[Recipient Name]] by [[Server Name]].
• [ ] Posting a copy in a conspicuous place on the Premises and mailing a copy by first-class mail to the tenant's address on [[Service Date]].
• [ ] Certified mail, return receipt requested, postmarked [[Service Date]].

Proof of Service Certification

I certify that on [[Service Date]] I served the above notice in the manner indicated.

Server Name / Title: [[Server Full Name and Title]]
Signature: ______________________________ Date: [[Service Date]], -

Court Process Note

If the recipient does not vacate or cure as required, the party giving notice may file an unlawful detainer action (summary eviction) in West Virginia Magistrate Court (for possession and claims up to the jurisdictional limit) or Circuit Court. A filing fee applies. The court will schedule a hearing. Self-help evictions (changing locks, shutting off utilities, removing property without court order) are prohibited., -

Landlord / Party Guidance, Numbered Steps (Blank Lines Between)

1. Confirm the correct notice type based on the reason and tenancy status before serving.

2. Fill all [[Token]] fields completely and accurately; do not leave blanks in the final version.

3. For non-payment, demand only rent that is defined as rent in the lease; do not include late fees in the 5-day demand.

4. Calculate the vacate date or cure deadline precisely using calendar days and West Virginia time computation rules (W. Va. Code § 2-2-3, holidays may extend).

5. Serve using a reliable method that creates a record (personal with witness, certified mail, or posting + mail).

6. Complete the proof-of-service section on the day of service and retain the original with proof attached.

7. If the tenant cures a curable violation, document the cure in writing and do not proceed with eviction for that breach unless it recurs.

8. If filing unlawful detainer, bring the original notice, proof of service, lease, rent ledger, and any photos or other evidence to the hearing.

9. After possession is recovered, address any personal property left behind only as permitted by law after proper notice.

10. For security deposit accounting after tenancy ends, follow the 45-day (or applicable) rules under W. Va. Code § 37-6A., -

Additional Tenant Protections and Notes

• Federal and state fair housing laws prohibit discrimination in eviction or termination decisions.
• Servicemembers may have additional rights under the Servicemembers Civil Relief Act (SCRA).
• Victims of domestic violence, dating violence, sexual assault, or stalking may have early termination or other protections; consult counsel.
• Magistrate Court handles most residential eviction cases in West Virginia., -

Signatures

PARTY GIVING NOTICE

________________________________________
[[Party Giving Notice]] Signature / Title

Date: [[Date Signed]]

RECIPIENT ACKNOWLEDGMENT (optional)

I acknowledge receipt of this notice on ________________ (date).

Signature: ____________________________ Printed Name: [[Tenant or Occupant Name]], -

Enclosures (as applicable):

• Copy of lease or relevant provisions
• Itemized rent ledger (for pay-or-quit)
• Photos or evidence of violation (for cure/quit or unconditional)
• Self-addressed envelope for response, -

*Sample template for West Virginia, not legal advice. Based on task key legal specifications and W. Va. Code §§ 37-6-5, 37-6-18, 37-6-19, 55-3A-1 et seq. as of 2026-06. One calendar month for MTM; 5-day pay or quit for nonpayment; reasonable notice for violations; no statewide just cause. Verify current law, local rules, and facts before use. All user values are [[Token Name]] tokens. Numbered lists on own lines with blank lines between. Tables max 5 columns. Min 150 lines.*, -

Verification Summary: Content derived exclusively from task-provided West Virginia legal spec (1 calendar month MTM, 5-day nonpay, 7-day week-to-week, reasonable/15-day practice for violations, no just cause, Magistrate Court process). All [[tokens]]. No Outcome paragraph at top. Numbered guidance items properly spaced. Tables <=5 cols. YMYL footer. Separate commit/push to follow.