Contradiction in lease with WV code.

[JoLu1026]

Huntington, WV. My previous landlord is attempting to charge me for an additional months rent for not giving a 30 day notice as listed in the lease. The lease had a specific end date. To my understanding, that makes the clause for a notice non-enforceable under 37-6-5. Am I correct about this?

 

[LdiJ]

Huntington, WV. My previous landlord is attempting to charge me for an additional months rent for not giving a 30 day notice as listed in the lease. The lease had a specific end date. To my understanding, that makes the clause for a notice non-enforceable under 37-6-5. Am I correct about this?

Unfortunately, you are not correct. You are required to give 30 days notice that you will be leaving at the end of the lease.

 

[JoLu1026]

Unfortunately, you are not correct. You are required to give 30 days notice that you will be leaving at the end of the lease.

Can you give an exact reason for this being the case?

 

[LdiJ]

Can you give an exact reason for this being the case?

Because that is standard for leases and because that is what your lease says.

 

[JoLu1026]

Because that is standard for leases and because that is what your lease says.

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.
-chapter 37-6-5 of WV code

 

[LdiJ]

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.
-chapter 37-6-5 of WV code

Look, all I can tell you is that it is totally standard for leases to require a 30 day notice. If you have read the entire section that the sentence you cited came from, and you are sure that it pertains to your scenario, then by all means fight the landlord on it.

 

[JoLu1026]

Look, all I can tell you is that it is totally standard for leases to require a 30 day notice. If you have read the entire section that the sentence you cited came from, and you are sure that it pertains to your scenario, then by all means fight the landlord on it.

I'm sorry, but I need advice from someone that has full understanding and doesn't just say "Oh, that's the norm!" and then proceeds to throw their hands up when legal documentation is presented. In the future, please do research and give a valid answer. Please, do not automatically advocate for the landlord.

 

[LdiJ]

I'm sorry, but I need advice from someone that has full understanding and doesn't just say "Oh, that's the norm!" and then proceeds to throw their hands up when legal documentation is presented. In the future, please do research and give a valid answer. Please, do not automatically advocate for the landlord.

We are all volunteers on this forum. We do not get paid to do legal research for posters. You asked if you were correct. I told you that I believed you were not. I have nothing else to say. Perhaps another volunteer will come along with a different opinion.

 

[reenzz]

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.
-chapter 37-6-5 of WV code

Exactly. The standard option to end a lease is actually is 3 months. The statute gives the option to agree that a different notice period or no notice period be applied. You agreed to a 30 notice period.

 

[Just Blue]

I'm sorry, but I need advice from someone that has full understanding and doesn't just say "Oh, that's the norm!" and then proceeds to throw their hands up when legal documentation is presented. In the future, please do research and give a valid answer. Please, do not automatically advocate for the landlord.

You are rude and totally out of line.

 

[PayrollHRGuy]

§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.

 

[reenzz]

I'm sorry, but I need advice from someone that has full understanding and doesn't just say "Oh, that's the norm!" and then proceeds to throw their hands up when legal documentation is presented. In the future, please do research and give a valid answer. Please, do not automatically advocate for the landlord.

You did not present any legal documentation. You only posted a partial part of the statute. Please post the statute that states that you are not required to give notice when the lease requires notice.

 

[adjusterjack]

Huntington, WV. My previous landlord is attempting to charge me for an additional months rent for not giving a 30 day notice as listed in the lease. The lease had a specific end date. To my understanding, that makes the clause for a notice non-enforceable under 37-6-5. Am I correct about this?

What clause? You haven't quoted the "clause" word for word in its entirety so how can you expect any helpful comments?

The exact wording of the "clause" is needed. Quote it word for word.

 

[PayrollHRGuy]

Sorry, I hit send to quick.

That last clause of the law would seem to remove any required notice of notification by either the LL or tenant IF the agreement is for less than a year.

 

[xylene]

I think the OP is right, is not rude, and his landlord is seeking an unearned extra month of rent for at best being complacent about when his tenancies are due for renewal and at worst an intentional act to extract money from departing tenants rather than ensure continuous occupancy.