Contents

It's crucial to know how to write a West Virginia sublease agreement if you plan to sublet your rental to someone else. People do this for many reasons, and it's legal if you get permission and the original lease doesn't prohibit it. Let's learn more about the document!

Sublease Agreement

A West Virginia sublease agreement allows the original tenant of a property to rent it to someone else. It has to conform to the original lease agreement and is a legal document. The original tenant remains responsible for:

  • Property damages the subtenant causes
  • Paying the monthly rent to the landlord
  • Other provisions in the lease

What to Include

  • Full printed names of both parties, including the original and new tenant
  • Location of the property with identifying cross streets
  • Date the sublease begins and if the new tenant can extend the stay by signing new leases
  • Amount of rent the subtenant pays each month and where to send it
  • Security deposits the subtenant must pay
  • Utilities to pay each month and whether they must get switched to the new tenant's name
  • Terms of the rental agreement
  • Copy of the original lease
  • Signature of both people
  • Date they signed
  • Signature of the landlord

Special Laws

The West Virginia code for landlords and tenants doesn't mention the subletting of real property. Therefore, the tenant is responsible for the original lease terms. You should get written approval from the property manager or landlord before subleasing to protect yourself.

Sublessors

In West Virginia, the sublessor must:

  • Give a 30-day written notice of the intent not to renew the master lease agreement or sublease
  • Return the security deposit within 60 days of the sublease's end
  • File your Petition for Summary Relief with the court if a subtenant doesn't pay the rent so that you may seek eviction

Build Your Own

If you want to write a West Virginia sublease agreement, the best way to do so is by using the free templates from DoorLoop:

eSignature

Lease signing is your biggest opportunity to lay the foundation for a pleasant tenant experience, and that relies on making the process as easy and efficient as possible.

With DoorLoop, you can get your subleases eSigned in a few seconds. You can also get to the eSignature step much more easily by creating reusable sublease templates that are autofilled with tenants' information.

DoorLoop also makes it so simple to find the best tenants in the first place by syndicating your lisitngs on popular websites Zillow, Trulia, Hotpads, Apartments.com, and more. You can also make sure you're bringing in the best tenants by screening your prospects in seconds through DoorLoop.

For more information about DoorLoop, learn more or schedule a free demo.

Conclusion

Subletting can be highly beneficial when both parties agree to the terms. However, it's best to speak with the landlord to ensure that you get consent first. Overall, you need a legally-binding document, and we just explained how to craft a West Virginia sublease agreement. Use DoorLoop to create one for yourself!

FAQs

Is Subletting the Rental Agreement Legal in West Virginia?

West Virginia allows subletting. Though state law doesn't actually forbid it, your original lease may, so you have to abide by whatever terms are included in your lease.

How Does the Original Lease Come into Play for a Sublease?

A tenant can sublet without getting permission in West Virginia, but it's unwise. Here are ways the original lease comes into play:

  • If the lease forbids it, you can't sublet.
  • If there's no mention of subletting in the agreement, it's best to get permission from the landlord first.

Can the Subtenant Not Pay Rent to Get out of the Sublease Agreement?

A subtenant can only terminate the sublease by agreeing with their original tenant or having a valid reason. That's the only option in West Virginia. If you don't pay the rent, you can get evicted from the property.

Can I customize my own form or agreement?

Yes, you always can, however if you want to be 100% sure you are protected, you should consult an attorney in your local area.

Free Downloads

David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!