The West Virginia sublease agreement is a legal contract that allows a tenant to rent out all or a portion of the property to a subtenant in exchange for regular payments.
Does a Tenant Need the Landlord’s Permission to Sublet in West Virginia?
A tenant does need the landlord’s explicit written consent to sublet in West Virginia as the law does not inherently give tenants the right to sublet. Even after consent is given, a landlord still has the right to reject a subtenant if they are unqualified, such as for having a high debt-to-income ratio or a low credit score.
Standardized West Virginia Sublease Agreements
A standard form can be used in West Virginia to create a sublease. Here’s what is generally included in a West Virginia sublease agreement:
- The Names of the Parties – The original tenant under the lease is named in the sublease and is called the “Sublessor.” The third-party that is subleasing the rental unit is named in the sublease and is called the “Sublessee.”
- Term – State the exact date of the sublease beginning and ending date.
- Rental Unit Location – The address for the rental unit as described in the original lease.
- General Conditions – A statement that the written sublease agreement contains all of the agreements between the parties and can only be modified by written consent of the parties to the agreement.
- Rent – How much the rent is, when it needs to be paid, and how to pay it.
- Liability – The sublessee will be liable for any damages to the Sublessor. The Sublessor continues to have the ultimate responsibility to pay for any damages that impact the landlord as stated in the original lease agreement.
- Authorized Occupants – A list of the new subtenant(s) and those that are authorized to live in the rental unit including any policy about short-term guests.
- Landlord’s Consent – This section describes how the landlord is asked to consent (if consent is not already included in the Master Lease). Tenants may create a signed sublease that is conditional on being accepted by the landlord before the sublease becomes effective.
- Lead-Based Paint Notice – Under Federal law, if the rental unit’s premises were built before 1978, the Sublessee must be given a written warning notice, called a Lead-Based Paint Disclosure.
- Security Deposit – The security deposit is held by the Sublessor (not the landlord). There is no limit on how much a landlord can collect for a security deposit in West Virginia.
- Pet Deposit – In West Virginia, landlords can charge a pet deposit, except for service dogs and emotional support animals.
- Return of Security Deposit – In West Virginia, landlords have 45 days after the next tenant moves in or 60 days after the lease term ends (whichever is earlier) to return any remaining portion of the security deposit.
- Master Lease Inclusion – A copy of the Master Lease is attached to the sublease. If any exceptions in the Master Lease are not included they should be clearly stated in this section.
- Utilities – The utilities that are to be paid by the Sublessor and those that are paid by the Sublessee.
- Inventory of Included Items – The list of items in the rental unit that are part of the sublease such as furniture or appliances.
- Parking Policy – Where the subtenants and guests can park, including any fees assessed.
- Disputes – A description of how disputes between the Sublessor and Sublessee are to be settled, which may include mediation and binding arbitration to avoid more expensive legal proceedings.
- Signature: The signature and date for the Sublessor, the Sublessee, any Co-Sublessors, and Co-Sublessees (if they exist).
Tax Implications of a Sublease in West Virginia
In West Virginia, sublessors may be subject to state and local taxes if they sublet for less than 30 days. For example, in Charleston, taxes may include:
- West Virginia State Sales Tax – 6%
- City of Charleston Occupancy Tax – 6%
