West Virginia Rent Increase Notice Letter

State Cap: No statute. West Virginia has no statewide limit on rent increases.

Notice Period: For month-to-month tenancies, rent adjustments default to the statutory timeline for modifying or ending periodic tenancies, which requires written notice for at least one full rental period (typically one month) before the end of the rental term (W. Va. Code § 37-6-5). For year-to-year tenancies, landlords must provide at least three months‘ written notice prior to the end of the year (W. Va. Code § 37-6-5). On fixed-term leases, landlords cannot raise rent prior to lease expiration unless explicitly authorized by the contract.

Proof of Service: Notice must be delivered in writing (W. Va. Code § 37-6-5). Legal service across West Virginia is established by delivering the written notice directly to the tenant, serving anyone holding the premises under the tenant, or sending notice by mail to the tenant’s primary address.

Prohibited Acts: Landlords cannot raise rent in retaliation against a tenant for exercising legal rights or reporting housing code violations (Imperial Colliery Co. v. Fout, 373 S.E.2d 489). Rent increases are also illegal if done for discriminatory reasons under the West Virginia Human Rights Act (W. Va. Code § 5-11-9).