How much notice is required to raise the rent in West Virginia?
West Virginia has no statute requiring advance notice of a rent increase — the working rule for month-to-month tenancies is derived from W. Va. Code 37-6-5, under which either party may end a periodic tenancy by written notice given one full period before the end of any period, so a landlord proposing higher rent is offering new terms the tenant can refuse by leaving.
Cited to W. Va. Code § 37-6-5 and 2 more West Virginia statutes · Verified July 11, 2026
In practice that means a rent increase on a month-to-month tenancy needs written notice spanning at least one complete rental month, measured to the end of a rent period — a mid-month '30-day notice' that straddles two partial periods is not valid under the termination statute, and a year-to-year tenancy takes three months' notice before year-end. The statute yields to any special agreement fixing different notice. There is no limit on the size or frequency of increases, no rent control anywhere in the state, and no express statute either allowing or preempting local rent control — no West Virginia city or county has ever adopted it.
West Virginia rent increase notice at a glance
| Notice — month-to-month | No rent-increase statute — notice derives from tenancy-termination rules (see summary) |
|---|---|
| Varies by increase size | Not addressed by statute |
| Fixed-term leases | Rent is fixed for the lease term as a matter of contract. No West Virginia statute addresses mid-term or renewal increases. §37-6-5 itself does not apply where the term ends at a certain time (no notice needed) or where a special agreement fixes different notice. |
| Statewide rent control / stabilization | No |
| Rent control details | No rent control exists anywhere in West Virginia — no statewide scheme and no local ordinance — and no statute expressly preempts local rent control either. Ch. 37 arts. 6, 6A, and 15 contain no rent-control or preemption provision, and no such section exists despite some websites claiming one (see notes). West Virginia's strict Dillon's Rule tradition (municipalities exercise only granted powers) is the practical backdrop, but it is not an express preemption statute. |
| Local rent regulation | No West Virginia statute expressly addresses local rent control — state law neither authorizes nor prohibits city or county regulation of rent amounts, and no West Virginia locality has enacted rent control. |
| Frequency limits | Not addressed by statute |
Cite this page: "Landlord Atlas, West Virginia Rent Increase Notice Laws (verified July 11, 2026), landlordatlas.com/laws/rent-increase-notice/west-virginia/" — free to cite and quote with a link (how these records are verified). Every figure above is cited to the West Virginia statute in the citations section below.
Create a West Virginia rent-increase notice — free, no signup, built on the same verified West Virginia rules as this page.
Notes and caveats
- There is no rent-increase notice period to show — The notice field is empty because 37-6-5 addresses only termination of a periodic tenancy, never rent increases. Its measure is 'one full period before the end of any period' — a month anchored to the end of a rent period, not a flat 30 days.
- A mid-month '30-day notice' rarely lines up — Legal Aid WV reads 37-6-5 the same way and warns that a standard 30-day notice 'rarely aligns' with full rental periods. The notice must be in writing.
- Week-to-week and year-to-year — A week-to-week tenancy takes one full week under the same clause; a year-to-year tenancy takes at least three months before the end of any year.
- The statute yields to the lease — 37-6-5 is expressly alterable or waivable 'by special agreement.'
- The preemption answer is empty because no such statute exists — The local-preemption field is empty because West Virginia has no express statute preempting local rent control — not because the answer is unknown.
- Fabricated citation circulating online — evictionriskmap.com asserts a West Virginia rent-control preemption 'codified at W. Va. Code § 37-6,' 'enacted in 2016,' and 'upheld by West Virginia appellate courts.' No such provision exists in any of article 6's 31 sections, no 2016 act matches, and no appellate case exists.
- A bill in the section's history that never became law — The code page's 'Bill History' for 37-6-5 lists HB 4570 (2026), on service of an eviction summons by posting. It passed the House on February 6, 2026 but died in Senate Judiciary at sine die on March 14, 2026, and the section is textually unchanged; its 2025 twin, HB 2537, also died in committee.
- Bills to watch for reintroduction — HB 2648 (2025) and HB 4432 (2026), both aimed at 'tenant protections and landlord notice requirements,' died in House Judiciary — watch for reintroduction in 2027.
Common questions: West Virginia rent increase notice
Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.
- How many days' notice must a landlord give before raising rent in West Virginia?
- No rent-increase statute — notice derives from tenancy-termination rules (see summary).
- Does West Virginia have rent control?
- No — West Virginia has no statewide rent control or stabilization. No rent control exists anywhere in West Virginia — no statewide scheme and no local ordinance — and no statute expressly preempts local rent control either.
- Does West Virginia preempt local rent control ordinances?
- No West Virginia statute expressly addresses local rent control — state law neither authorizes nor prohibits city or county regulation of rent amounts, and no West Virginia locality has enacted rent control.
- Can a landlord raise the rent during a fixed-term lease in West Virginia?
- Rent is fixed for the lease term as a matter of contract. No West Virginia statute addresses mid-term or renewal increases.
- How often can a landlord raise the rent in West Virginia?
- Not addressed by statute.
Statute citations
- W. Va. Code § 37-6-5 (verified 2026) Official source
- W. Va. Code ch. 37, art. 6 (full-article text; contains no rent-increase, rent-control, or preemption provision) (verified 2026) Official source
- W. Va. Code § 37-15-7 (factory-built home communities — bars retaliatory selective rent increases only) (a) (verified 2026) Official source
How this record was verified: Direct read of statute text on the official WV Legislature code site (code.wvlegislature.gov): sections 37-6A-1, 37-6A-2, 37-6A-5, and 37-6-5 each read at least three times across two distinct official presentations (individual section pages read twice independently, plus the official whole-article 'email view' pages /email/37-6A/ and /email/37-6/), with all key figures matching verbatim (60-day/45-day whichever-shorter return window, 15-day contractor-itemization extension, 1.5x annoyance/inconvenience damages, one-full-period month-to-month termination notice, 6-month hold and 72-hour delivery rules). All of article 6A additionally reconciled character-for-character against the enrolled Committee Substitute for HB 3202 (2011) on wvlegislature.gov — approved by the Governor 2011-04-01, Chapter 149, Acts 2011, effective 2011-06-10 — proving the 1.5x penalty is original 2011 text with no later amendment. Verified negatives (no deposit cap, no interest, no separate account, no late-fee or grace-period statute, no entry-notice statute, no rent-increase-notice statute, no rent-control or preemption statute) run against the full official texts of ch. 37 arts. 6 (all 31 sections), 6A, and 15. Bill outcomes verified on official Bill_Status action tables: dead bills SB590 (2022), SB147 (2023, House-rejected Roll No. 638), SB165 (2024), HB4695 (2006), HB4570/HB4432/HB5155/HB5334 (2026), HB2537/HB2648/HB2828/HB2903 (2025). Enacted 2025 acts: HB2434 (Stop Squatters Act, Ch. 219, eff. 2025-07-10) confirmed off-topic for these deposit, rent, fee, and entry topics (it added the ch. 55 art. 3C squatter-removal scheme, treated as out of scope in the eviction topic's notes); HB3272 (Ch. 1, Acts 2025 — passed 2025-04-12, approved by the Governor 2025-04-28, eff. 2025-07-11) is on-topic, not off: it amended and reenacted W. Va. Code 55-3A-1, the core residential-eviction petition statute (filing-first hearing scheduling plus the tenant's five-day written-defense window), and its changes are carried in the eviction_process topic. The eviction topic is verified on its own track (see its topic_verified date and notes): its build pass reconciled the codified 55-3A-1 against the enrolled HB3272 word for word and ran currency checks on adjacent sections (50-2-1 reflecting HB2761 (2025), 2-2-1 reflecting SB793 (2026), 55-3C reflecting HB2434 (2025)); 55-3A-1 and 37-6-19 were independently re-read 2026-07-25; and on 2026-08-05 the enrolled HB3272 text and the codified 55-3A-1 were each read twice more and matched character-for-character, with the passage (2025-04-12) and gubernatorial-approval (2025-04-28) dates confirmed as distinct events from the official Bill_Status action table. 2026 regular session adjourned sine die 2026-03-14 with no on-topic bill passing. Legal Aid WV pages used as corroboration only.