If you’re a tenant renting a property in West Virginia, and you’d like to rent it to someone else, you’ll need a sublease agreement. A West Virginia sublease agreement must conform to the original lease. This means that you, as the original tenant, are responsible for:
- paying monthly rent to the landlord,
- property damages your subtenant may cause, and
- any other provisions in your original lease agreement.
Your original lease agreement may include a clause forbidding you to sublet the property. Even if it doesn’t, it’s a good idea to get your landlord’s approval in writing to protect all parties. You may be able to persuade your landlord to allow it — subletting is a common practice, and the primary purpose is to help you continue to pay rent to your landlord in the event that you must move out temporarily.
To save time and ensure everything is filled out correctly, we recommend using our free West Virginia sublease agreement builder or reading our steps on how to write a West Virginia sublease agreement to sublet your house, apartment, condo, townhouse, or any other type of residential property.
How to Write a West Virginia Sublease Agreement
- Name the current tenant(s) – If there is more than one original tenant, list everyone on the lease. Include the address and email address of each person.
- Name the subtenant(s) – Include the name, permanent address, and email of each person subletting the space.
- Name the landlord – List the name of the landlord or property manager and the address to which the notice will be sent.
- List original lease term, attach a copy – At a minimum, include the beginning and end dates of the original lease. Use mm/dd/yyyy for dates. Attach a copy of the lease to the sublease agreement.
- List the sublease terms – Include the beginning and end dates of occupation by the subtenant in mm/dd/yyyy format, the street address, city, and state of the subleased property.
- Include additional information – If the subtenant has the use of the whole property, state this explicitly. If they have access to a bedroom and shared common areas, list these separately with any rules pertaining to storage space, furniture, parking instructions, and details on pets and other restrictions.
- Calculate the rent – State the total rent for the sublease term as well as the rent due each month. This is the amount the subletter is responsible for.
- Sign the sublease agreement – In order to become a legal document, the sublease must be signed by the original tenant and the subtenant. Include the date signed and the printed names of all parties.
West Virginia Sublease Laws
The West Virginia Landlord-Tenant Code doesn’t include any mention of subletting real property. This means the original tenant is responsible for the original lease terms. Get written approval from the owner or property manager prior to signing a sublease agreement with a subtenant. This is the best way to protect your interest and maintain goodwill with your landlord.
Additionally, a sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all West Virginia laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
West Virginia Landlord-Tenant Laws: Chapter 37, Article 6 of the West Virginia Code
In West Virginia, a sublessor must:
- File a Petition for Summary Relief for Wrongful Occupation of Residential Property with the court immediately after a subtenant fails to pay rent to immediately seek an eviction
- Return the security deposit within sixty days (60) of the end of the sublease
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease
West Virginia Sublease FAQs
Is subletting illegal in West Virginia?
No, subletting is not illegal in West Virginia. While state law doesn’t forbid it, the original lease might, and the tenant must abide by those terms.
Can a tenant sublet without permission in West Virginia?
Technically, a tenant can sublet without permission in West Virginia. However, it’s a bad idea.
- If the original lease forbids subletting, it can’t be done.
- If the original lease doesn’t mention subletting, it’s still a good idea to get written permission from your landlord.
How can I get out of a West Virginia sublease agreement early?
Here’s how to get out of a West Virginia sublease agreement early:
- If you’re the subtenant, you can terminate the sublease agreement early by coming to an agreement with the original tenant, or by having a valid legal reason (such as property mismanagement) to do so.
- If you’re the original tenant, you’ll need a valid legal reason (such as the subtenant destroying the property) to end the sublease early.
Can you evict a subletter in West Virginia?
You can evict a subletter in West Virginia. To evict a subtenant, you must begin the eviction process using the appropriate West Virginia eviction notice, and comply with all state eviction laws.