West Virginia Sublease Agreement
A West Virginia sublease agreement is a legal document that allows a current tenant, known as the sublessor, to rent out all or a portion of their rental property to another individual, referred to as the sublessee. This arrangement creates a rental relationship where the sublessor remains responsible for the original lease obligations, including paying rent to the landlord and addressing any damages to the property.
West Virginia Sublease Agreement
Right to Sublet
In West Virginia, the law does not explicitly grant tenants the right to sublet. Therefore, whether a tenant can sublet their rental unit depends on the terms outlined in the original lease agreement. If the lease does not address subletting, the tenant should seek clarification from their landlord. When subletting is permitted, the tenant must obtain the landlord’s explicit written consent. Even with consent, landlords retain the right to reject a proposed subtenant based on their qualifications, such as creditworthiness or rental history.
Standardized West Virginia Sublease Agreements
A standardized sublease agreement in West Virginia typically includes the following components:
- Names of the Parties: Identifies the sublessor and sublessee.
- Term: Specifies the start and end dates of the sublease.
- Rental Unit Location: Provides the address of the rental unit as per the original lease.
- General Conditions: States that the written sublease contains all agreements and can only be modified in writing.
- Rent: Details the amount of rent, payment schedule, and payment method.
- Liability: Outlines that the sublessee is liable for damages, while the sublessor remains responsible for obligations to the landlord.
- Authorized Occupants: Lists individuals authorized to reside in the rental unit and any policies regarding short-term guests.
- Landlord’s Consent: Describes the process for obtaining landlord consent if not included in the Master Lease.
- Lead-Based Paint Notice: Required if the property was built before 1978, informing the sublessee of potential lead hazards.
- Security Deposit: Held by the sublessor; there is no limit on the amount a landlord can collect for a security deposit in West Virginia.
- Pet Deposit: Landlords may charge a pet deposit, excluding service dogs and emotional support animals.
- Return of Security Deposit: Landlords must return any remaining security deposit within 45 days after a new tenant moves in or 60 days after the lease ends, whichever is earlier.
- Master Lease Inclusion: A copy of the Master Lease must be attached to the sublease, with any exceptions clearly stated.
- Utilities: Specifies which utilities are paid by the sublessor and which by the sublessee.
- Inventory of Included Items: Lists items included in the rental unit, such as furniture or appliances.
- Parking Policy: Details parking arrangements for subtenants and guests.
- Disputes: Outlines how disputes between the sublessor and sublessee will be resolved, potentially including mediation or arbitration.
- Signature: Requires signatures and dates from the sublessor, sublessee, and any co-sublessors or co-sublessees.
Tax Implications of a Sublease in West Virginia
Sublessors in West Virginia may be subject to state and local taxes if they sublet for less than 30 consecutive days. The applicable taxes include:
- State Sales Tax: 6%
- Local Sales Tax: Varies by municipality
- Local Hotel Occupancy Tax: Varies by municipality/county
For example, in Charleston, the taxes may include a 6% city occupancy tax.
Filing Frequency
Tax filings can be done monthly, quarterly, or annually, with due dates as follows:
- Monthly: On the 20th day of the following month.
- Quarterly: On the 20th day of the month following the applicable quarter.
- Yearly: On January 30 of each year.
Making Payments
The West Virginia Tax Division accepts tax payments, and if a rental unit is managed by an online marketplace (e.g., Airbnb, VRBO), the owner or manager may not need to collect and remit sales tax.
Security Deposit Obligations
In West Virginia, a sublessor must return the subtenant’s security deposit within 60 days of the end of the sublease. If a subtenant fails to pay rent, the sublessor can file a Petition for Summary Relief for Wrongful Occupation of Residential Property to seek eviction, provided they give 30 days’ written notice of intent not to renew the sublease or original lease.
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
Yes, in West Virginia, you need your landlord’s explicit written consent to sublet your apartment. The law does not inherently grant tenants the right to sublet, so it’s essential to check your lease agreement and obtain approval to avoid any legal issues.
A West Virginia sublease agreement should include the names of the parties, the term of the sublease, rental unit location, rent details, liability clauses, authorized occupants, landlord’s consent, security deposit terms, and a dispute resolution process, among other elements.
If you sublet a property in West Virginia for less than 30 consecutive days, you may be subject to state sales tax (6%), local sales tax, and local hotel occupancy tax, depending on the municipality. It’s important to understand these tax obligations to ensure compliance.
In West Virginia, a landlord must return the security deposit within 45 days after the next tenant moves in or 60 days after the lease term ends, whichever is earlier. This applies to subleases as well.
Yes, a landlord in West Virginia can deny a subtenant if they believe the subtenant is unqualified, such as having a poor credit score or a high debt-to-income ratio. It’s important for tenants to ensure their sublessee meets the landlord’s criteria.
If your subtenant fails to pay rent in West Virginia, you can file a Petition for Summary Relief for Wrongful Occupation of Residential Property to seek eviction. You must also provide 30 days’ written notice of your intent not to renew the sublease or the original lease.
Yes, subletting is legal in West Virginia as long as the original lease agreement does not prohibit it. Tenants should always check their lease terms and obtain necessary permissions before proceeding with a sublease.