What does this paragraph from _37-6-5 mean?

Full question:

what does this paragraph from _37-6-5 mean?This section shall not apply where, by special agreement, some other period of notice is fixed, or no notice is to be given; nor shall notice be necessary from or to a tenant whose term is to end at a certain time. Also what is a 'special agreement' in this clause?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: West Virginia

Answer:

You're asking about the last sentence of this section of the West Virginia Statutes.

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§37-6-5. Notice to terminate tenancy.

A tenancy from year to year may be terminated by either party giving notice in writing to the other, at least three months prior to the end of any year, of his intention to terminate the same. A periodic tenancy, in which the period is less than one year, may be terminated by like notice, or by notice for one full period before the end of any period. When such notice is to the tenant, it may be served upon him, or upon anyone holding under him the leased premises, or any part thereof. When it is by the tenant, it may be served upon anyone who at the time owns the premises in whole or in part, or the agent of such owner, or according to the common law. This section shall not apply where, by special agreement, some other period of notice is fixed, or no notice is to be given; nor shall notice be necessary from or to a tenant whose term is to end at a certain time.
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This section spells out the ways that a tenancy may be terminated by a written notice - when there is NO AGREEMENT about how the tenancy will be terminated. The last sentence means that nothing in the section applies when a "special" (just means "existing") agreement details specifically how the tenancy will be terminated - for example the length of notice necessary, or that no notice need be given under certain circumstances.

So, if there is an agreement about how the tenancy can be terminated, then the rules spelled out in the statue don't apply. Instead, the agreement applies.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the code 37 6 5 in West Virginia?

West Virginia Code § 37-6-5 outlines the requirements for terminating a tenancy through written notice. It specifies that if there is no special agreement in place regarding notice periods, a landlord or tenant must provide written notice to terminate a lease. However, if a special agreement exists that dictates a different notice period or states that no notice is required, those terms take precedence over the statute. This ensures that both parties can agree on specific terms for ending the tenancy.

How much notice does a tenant have to give a landlord to move out in NJ?

In New Jersey, the notice period a tenant must provide to a landlord typically depends on the lease agreement. For month-to-month leases, tenants are generally required to give at least 30 days' notice before moving out. If the lease is for a fixed term, tenants should review their lease for specific terms regarding notice. Always check the lease and local laws for any variations.

How much notice does a landlord have to give a tenant to move out in WV?

In West Virginia, a landlord must provide a tenant with at least 30 days' written notice to terminate a month-to-month lease. For fixed-term leases, the landlord typically cannot terminate the lease before its expiration unless there is a breach of the lease terms. It's important for both parties to review their lease agreement for specific notice requirements.

What is the code 37 6 6 in West Virginia?

West Virginia Code § 37-6-6 addresses the requirements for landlords to provide notice to tenants in certain situations, such as when a tenant fails to pay rent. It outlines the process for notifying tenants about lease violations and the potential consequences, including eviction. This statute is part of the broader framework governing landlord-tenant relationships in the state.

What is the code 47 6 5 in West Virginia?

West Virginia Code § 47-6-5 pertains to the regulation of landlords and their obligations regarding rental properties. This statute typically includes provisions about the responsibilities of landlords to maintain rental units and ensure they are habitable. Specific details can vary, so it's advisable to consult the statute directly for comprehensive information.

What can't a landlord do in WV?

In West Virginia, landlords cannot retaliate against tenants for exercising their legal rights, such as reporting health and safety violations. They also cannot lock out tenants without following proper legal procedures, such as obtaining a court order. Additionally, landlords must maintain the property in a habitable condition and cannot discriminate against tenants based on race, gender, or other protected characteristics.