A month-to-month tenancy is a periodic tenancy or lease in which the tenant is given possession of the leased premises with no specific expiration date and agrees to pay the landlord on a monthly basis. A month-to-month tenancy often requires the tenant or the landlord to give the other party 30 days written notice of termination of the lease.
Both residential leases and commercial leases may be month-to-month tenancies. If a residential or commercial tenant remains in the leased premises and continues to pay rent following the expiration of a lease for a longer term, there may be a new month-to-month tenancy created and recognized by law.
In West Virginia, a month-to-month tenancy is recognized as a form of periodic tenancy where the tenant occupies the property with no definite lease end date and pays rent monthly. This arrangement can apply to both residential and commercial leases. For termination of a month-to-month lease, West Virginia law typically requires either the tenant or the landlord to provide the other party with a 30-day written notice. This notice period allows both parties to make necessary arrangements for the transition. If a tenant continues to stay and pay rent after the expiration of a fixed-term lease without signing a new lease, a month-to-month tenancy is often presumed to have been established under state law. It's important to note that specific local regulations may also apply, and it is advisable to consult with an attorney for detailed legal advice tailored to individual circumstances.