Understanding Notice Requirements for a Month-to-Month Eviction
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 22, 2026
Legal Inquiry
Consumer Legal Issue
We rent from family month to month rent is due on the 1s. We are being evicted.
We where given an eviction notice to be out of the house by feb 16th that was given to us on Jan 17th.
Attorney Answer
No — that notice does not require you out by February 16th. West Virginia's rule is not a rolling 30 days from whatever date a notice is handed over; the earliest this notice can end your tenancy is the end of February. Under West Virginia Code § 37-6-5, a periodic tenancy for a period of less than one year may be terminated "by notice for one full period before the end of any period" — so the termination has to fall at the end of a rental period, with a whole period running between the notice and that date. Your rent is due on the 1st, so your rental periods run from the 1st through the end of each month. A notice served on January 17th does not give one full period before the end of January, and February 16th is not the end of a period at all. That leaves the end of February — February 28, 2026 — as the earliest date this notice can reach, roughly twelve days beyond the date on the paper you were given.
That said, the notice period does not mean the landlord can then remove you or your belongings on their own. Self-help eviction — locking you out, shutting off utilities, or removing your things without a court order — is not legally permitted, even after a valid notice period has run. To actually remove you, the landlord must go through the court eviction process, and you have the right to remain in the home until a court orders otherwise.
What you can do:
1. Work from the end of February, not February 16th, and check whether your rental arrangement sets its own notice terms that would change that date.
2. Do not move out or allow removal based on the notice alone; only a court order following an eviction filing can force you out.
3. Try communicating directly with your family member about resolving or extending the arrangement, since this may avoid court entirely.
4. Keep copies of the notice and any related communications in case the matter proceeds to court.
⏱ Time limits apply. Notice and eviction timelines under West Virginia law are strict, so a local attorney should review your specific notice and lease details promptly to confirm the deadlines that actually apply to your situation.
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Courts & Legal Aid in West Virginia
- File or look up a case through the West Virginia Judiciary, which serves the state.
- Get free civil legal help from Legal Aid of West Virginia.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
- Visit HUD — Housing Discrimination Complaint to report housing discrimination.
- Visit CFPB Consumer Tools to tenant, mortgage, and eviction resources.
Frequently Asked Questions
How much notice must a landlord give to end a month-to-month tenancy?
In West Virginia it is not simply a count of days. West Virginia Code § 37-6-5 allows a periodic tenancy shorter than a year to be ended "by notice for one full period before the end of any period," so the termination date falls at the end of a rental period — for rent due on the 1st, the end of a calendar month — with a full period running between the notice and that date.
Can a landlord remove a tenant immediately after a notice period ends?
No — self-help eviction, such as locking out a tenant or removing belongings, is generally not permitted; a landlord must obtain a court order through the formal eviction process.
Do tenants have rights during an eviction even without a written lease?
Yes — many states extend notice and process protections to month-to-month tenants even absent a written lease, including family rental arrangements.
