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A Lease After A Death

W. Va. Code § 37-6-11 — the family may end the lease, effective the last day of the month two months after notice

When a residential tenant dies, an heir, personal representative, devisee or assignee may end the lease before it expires.

  • W. Va. Code § 37-6-11
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Two months, to the end of the month. The termination takes effect on the last day of the calendar month two months after the notice is hand delivered, or after it is mailed, as shown by the postmark.

  • W. Va. Code § 37-6-11

Ending the lease does not free the estate from rent owed before or during the two month notice. A particular estate is a question for a licensed West Virginia attorney.

  • W. Va. Code § 37-6-11
Sources for this section (1)
  1. W. Va. Code § 37-6-11 — Persons liable for rent; termination of lease upon death

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.

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