General info, not legal advice. Details

West Virginia Holdover tenants

Last reviewed 2026-10-23

What happens if a tenant stays after the lease ends in West Virginia?

A tenant who holds over in a periodic tenancy is still a tenant, not a squatter, so the landlord must use the eviction process to remove them (W. Va. Code § 37-6-31(a)). A periodic tenancy continues until ended by proper notice: three months before the end of the year for year-to-year tenancies, or one full rental period for shorter periods, unless the lease sets a different period (§ 37-6-5). No statute sets a double-rent or other holdover penalty in these sections.

Verified Source: W. Va. Code §§ 37-6-5, 37-6-31(a) · last checked 2026-10-23

Same topic in neighboring states

All West Virginia landlord-tenant law · West Virginia landlord FAQ · Security deposit limit · Deposit return deadline · Notice to enter · Required lease disclosures · Required disclosures (mold, lead, radon, bedbug, asbestos, flood zone)

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