A West Virginia sublease agreement gives structure to an arrangement in which a tenant rents part or all of a property to another occupant. This arrangement supports a seamless transition between tenants, keeps the incoming party aligned with the original lease terms, and ensures that the subleasing process meets all state rental requirements.
Does a tenant need a landlord’s permission to sublease in West Virginia?
Landlords control whether tenants can sublease, as West Virginia law offers no direct guidance on this issue. Property owners should decide if they allow subletting and use clear language within the lease to guide tenants through the subleasing process (if they even allow it).
Including subleasing terms in every West Virginia lease agreement will help property owners address the topic and maintain control over changes in occupancy. To cover subleasing automatically in future contracts, property owners should consider using a legally reviewed lease agreement builder to draft each document.
Information to Include in a West Virginia Sublease
Landlords should always structure subleases with the same care they use for standard leases. The following list outlines the key information landlords should include within a West Virginia sublease:
Names of landlord and sublessor: Include the full legal names of both parties so the agreement clearly identifies who holds responsibility throughout the sublease.
Rental unit address: List the complete address to define the exact location of the subleased space and remove any uncertainty about the unit involved.
Length of the sublease agreement: Note the start and end dates to set clear expectations about how long the subtenant may occupy the property.
Rent amount: Record the monthly rent, the due date, and the accepted payment methods to keep the payment process straightforward for everyone.
Division of utilities: Explain which utilities the sublessor pays and which the subtenant covers, and attach a landlord-tenant utility agreement to get on the same page.
Security deposit information: State the deposit amount and the conditions for its return, and reference the West Virginia security deposit laws to ensure the sublease follows state rules.
Maintenance protocols: Outline how the subtenant handles routine upkeep and minor repairs, and share a rental property maintenance resource to keep expectations clear and organized.
Property policies: Detail the rules the subtenant must follow, including guidelines for noise, guests, parking, and any restrictions that apply specifically to the property.
Early termination terms: Describe the circumstances that allow either party to end the sublease early and note any notice requirements or related fees.
Landlord’s right to entry: Explain when the landlord may enter the rental property and specify the amount of notice the landlord provides before access.
Renter’s insurance: Require the subtenant to secure coverage that protects personal belongings and supports financial protection for everyone involved.
Landlord’s consent to sublease: Confirm the landlord approves the arrangement and recognizes the sublessor’s right to rent the space to a subtenant.
Subtenant’s obligation to comply with the master lease: Make clear that the subtenant must comply with every term of the original lease so the rental arrangement stays consistent.
Move-in condition checklist: Have both parties complete a detailed checklist or a move-in condition report to document the unit’s condition at the start of the sublease.
Emergency contact information: Share reliable contact details for urgent situations so the subtenant knows whom to reach when maintenance or safety issues arise.
Guest policy: Set expectations for visitor stays, including limits on overnight guests and rules that protect the property and other residents.
Copy of master lease: Provide the full master lease so the subtenant understands all rules and requirements that apply throughout the rental term.
Signatures: Gather signatures from all parties and give them the option to e-sign to finalize the agreement and keep records organized.
Additional attachments: Add any documents that support clarity, such as pet addenda, parking guidelines, or utility arrangements.
Taxes Implications for Short-Term Subleases
Short-term rentals in West Virginia often require collecting state sales tax and, in some areas, local lodging or occupancy taxes. Still, most residential subleases fall outside these rules. The state applies a 6% sales tax, along with any local tax, only when the rental qualifies as lodging rather than a long-term housing arrangement.
West Virginia landlords should take time to review local short-term lodging tax rules, since tax rates and definitions can vary across different municipalities.
