What happens if a tenant breaks a lease in West Virginia?
In West Virginia, a landlord whose tenant abandons the property with rent unpaid may retake it after a one-month posted notice and recover rent only up to that point, or may add notice of re-letting and hold the tenant liable for any rent shortfall for the rest of the term. The landlord must first post a written notice in a conspicuous part of the property requiring the tenant to pay the rent within one month. Separately, federal law lets a servicemember end a lease early after receiving qualifying military orders. This is W. Va. Code §§ 37-6-6, 37-6-7.
| What | West Virginia |
|---|---|
| Landlord’s duty to re-rent | Landlord may choose |
| What it means | The statute gives the landlord a choice of remedies |
Source
Read the statute in the West Virginia Code (West Virginia Legislature): code.wvlegislature.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
Seayora keeps every lease’s term, rent and signers in one record and dates every change to it. This page states the state’s rule so a lease’s own early-termination and sublet clauses can be checked against it before the lease is signed.
Guides on this rule
- Breaking a Lease by State: What the Tenant Owes — What a tenant owes after leaving a lease early, and the 34 states whose statutes say whether the landlord must try to re-rent the home.
Compare this rule in every state
More West Virginia rules
- How long does a landlord have to return a security deposit in West Virginia?
- How much notice must a landlord give to end a tenancy in West Virginia?
- What are squatters’ rights in West Virginia?
- Do contractors charge sales tax in West Virginia?
- Is appliance repair taxable in West Virginia?
- Is contractor labor taxable in West Virginia?
- Every West Virginia rule on one page
The same question in other states
- Alabama
- Alaska
- Arizona
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- Connecticut
- Delaware
- District of Columbia
- Florida
- Hawaii
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