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West Virginia Sublease Agreement

A West Virginia sublease agreement is a contract establishing a rental arrangement between a tenant (sublessor) and a new tenant (sublessee). Under this type of arrangement, the original tenant remains legally obligated by the terms of their lease until it expires.
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Right to Sublet

West Virginia law does not explicitly address subletting. This means that the terms of a lease will determine whether or not a tenant is allowed to sublet. The lease may place conditions on subleasing, or it may prohibit subleasing entirely. If a lease is silent regarding subleasing, the tenant should contact their landlord for clarification.

When permission is required to sublet, a Landlord Consent Form can be useful.

Short-Term (Lodgings) Tax

In West Virginia, renting an accommodation such as a room, apartment, condominium, cabin, or house for less than 30 consecutive days is considered a short-term rental and is subject to the applicable taxes.

West Virginia short-term rental taxes:[1]

  • 6% state sales tax
  • Applicable municipal sales/use tax[2]
  • Applicable local hotel taxes