West Virginia Code § 37-6-11

Persons liable for rent; termination of lease upon death
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(a) Rent may be recovered from the lessee, or other person owing it, or the heir, personal
representative, devisee or assignee, who has succeeded to the lessee's estate in the
premises. But no assignee shall be liable for rent which became due before his or her
interest began. Subject to the provisions of subsection (b), nothing herein shall change or
impair the liability of heirs, personal representatives, or devisees, for rent, teo the extent and
in the manner in which they are liable for other debts of the ancestor or testator; nor shall
the mere merger of the reversion to which a rent is incident affect the lriability for such rent.
(b) (1) Notwithstanding any other provision of this code to the countrary, upon the death of a
lessee of a residential premises, an heir, personal representative, devisee or assignee of the
deceased lessee may terminate a lease prior to its expirationt.
(2) Termination of a residential lease, as provided in this subsection, shall become effective
on the last day of the calendar month that is two months after:
(A) The date on which the notice is hand-delivsered to the other party of the lease, or
(B) The date on which the notice, addresseid to the other party to the lease, is deposited in
the United States mail, postage prepaid, evidenced by the postmark.
(3) Termination of a lease under this subsection does not relieve the lessee's estate from
liability for either:
(A) The payment of rent or other sums owed prior to or during the two month written notice
period, or
(B) For the payment of amounts necessary to restore the premises to their condition at the
commencement of the tenancy, ordinary wear and tear excepted.
(4) WThe right of termination contained in this subsection may not be waived by a lessor,
lessee or lessee's heir, personal representative, devisee or assignee, by contract or
otherwise. Any lease provision or agreement requiring a longer notice period than that
provided by this article, is void and unenforceable.
(5) The provisions of this subsection apply to residential property leases entered into or
renewed on or after July 1, 2012.

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