West Virginia Roommate Arrangement
A West Virginia room rental agreement, commonly referred to as a roommate agreement, is a contract that allows tenants to share a dwelling with one or more co-tenants. This agreement establishes rules and responsibilities for individuals sharing living space and ensures that all parties are aware of their obligations.
West Virginia Roommate Arrangement
Types of Roommate Arrangements in West Virginia
There are three primary types of roommate arrangements recognized under West Virginia law:
Co-tenancy
In a co-tenancy arrangement, all roommates are on the same lease and share equal responsibilities to the landlord. If one co-tenant fails to adhere to the lease rules, all co-tenants are liable for any violations. This means that if one roommate does not pay their share of the rent, the landlord can seek full payment from any of the co-tenants.
Subtenancy
In this arrangement, the original tenant acts as the landlord to the roommate (subtenant). The original tenant receives rent from the subtenant and is responsible for addressing any rental issues. The original tenant typically has the authority to evict the subtenant for misconduct. Subleasing usually requires the landlord’s permission.
At-Will Tenancy / Guest Tenancy
This informal arrangement allows either party to terminate the agreement at any time. The landlord may or may not have consented to this situation, and the roommate is considered a guest. The original tenant may demand the guest leave at any time, subject to the lease and local laws.
Quick Guide To Writing a West Virginia Room Rental Agreement
When drafting a West Virginia room rental agreement, the following steps should be taken:
- Identify the parties involved, the property location, and the landlord.
- Specify the term of the existing lease and the duration of the roommate agreement.
- Discuss the security deposit, including how it will be split and rules for its return or deductions.
- Outline the total rent amount and how it will be divided among roommates.
- Determine how utility payments will be split and who is responsible for payment to utility companies.
- Set rules for lease or roommate agreement violations and procedures for early move-outs.
- List house rules regarding food, cleaning, guests, etc.
- Assign bedrooms and clarify shared and private areas.
- Ensure all parties sign and date the agreement, and attach the landlord consent form.
Lease Violations in Roommate Situations
Roommates, as co-tenants, are “jointly and severally liable” for the terms of the original lease. This means that any co-tenant can be held fully responsible for lease violations. For instance, if one roommate fails to pay their share of the rent, the landlord can demand the total amount from any of the co-tenants. If a roommate has not signed the original lease and the landlord has not consented to the roommate agreement, the original tenant is liable for any violations committed by the roommate.
Resolving Roommate Disputes
In the event of a dispute, the original lease takes precedence over the roommate agreement. House rules regarding shared responsibilities, such as chores and quiet hours, are generally not enforceable in court. Roommates with disagreements unrelated to the lease may seek resolution through mediation or arbitration with a neutral third party.
Statutes
- W.Va. Code § 37-6A-1(14) – Security Deposit
- W.Va. Code § 37-6A-1(7) – Deadline for Returning Security Deposit
- W.Va. Code § 37-6A-2(a) – Requirement for Written Description/Itemized List of Damages and Charges
- W.Va. Code § 37-6A-2(b) – Permitted Uses of the Security Deposit
- W.Va. Code § 37-6A-2(c) – Extension of Security Deposit Return Deadline for Repairs
- W.Va. Code § 37-6A-3 – Record Keeping of Deposit Withholdings
- W.Va. Code § 37-6A-5 – Penalties for Failure to Comply with Security Deposit Return
- W.Va. Code § 37-6-7 – Reletting by landlord
- W.Va. Code § 37-6-8 – Tenant’s right to recover possession
- W.Va. Code § 37-6-5 – Notice to terminate tenancy
- W.Va. Code § 55-3A-1 – Petition for summary relief for wrongful occupation of residential rental property
- W.Va. Code § 37-6-30 – Landlord to deliver premises; duty to maintain premises in fit and habitable condition
- W.Va. Code § 37-6-6(c) – Desertion of leased property; entry; recovery of rent, disposition of abandoned personal property; notice
- W.Va. Code § 50-2-1 – Civil jurisdiction
- W.Va. Code § 55-2-6 – Actions to recover on award or contract other than judgment or recognizance
FAQs
A West Virginia roommate agreement is a document that outlines the terms and conditions of a living arrangement among roommates. It addresses important aspects such as rent payment, utility responsibilities, house rules, and the division of chores, ensuring all parties are aware of their obligations.
Key components of a roommate agreement in West Virginia include the identification of parties involved, the lease term, security deposit arrangements, rent distribution, utility payment responsibilities, house rules, and procedures for handling lease violations or early move-outs.
Co-tenancy means that all roommates are on the same lease and share equal responsibility for adhering to the lease terms. In this arrangement, if one roommate fails to meet their obligations, the other roommates can also be held liable by the landlord.
Roommates can resolve disputes regarding house rules by referring to the original lease, which takes precedence over the roommate agreement. If disagreements persist, they may consider using mediation or arbitration services to reach a neutral resolution.
If one roommate fails to pay their share of the rent, the landlord can pursue full payment from any of the co-tenants, as they are jointly and severally liable for the lease terms. This means that all roommates are responsible for the total rent amount.
Co-tenancy involves all roommates being on the same lease with equal responsibilities to the landlord, while subtenancy occurs when an original tenant rents out part of the property to another person, making the original tenant the landlord to the subtenant. Subleasing typically requires landlord approval.
The security deposit section of a roommate agreement should specify how the deposit is divided among roommates, the conditions for its return, and any rules regarding deductions for damages or unpaid rent. Clear agreements help prevent disputes when moving out.
House rules outlined in a roommate agreement are generally not enforceable in a court of law if they conflict with the original lease. Therefore, in legal disputes, the lease terms will take priority over any informal agreements made between roommates.