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West Virginia Sublease Agreement Template

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West Virginia Sublease Agreement Template

Updated April 09, 2024

A West Virginia sublease agreement is a rental contract that establishes a sublet arrangement between a tenant (sub-lessor) and a subtenant (sub-lessee). Under this type of arrangement, the subtenant pays rent to the original tenant, who then pays the landlord. Despite the presence of a subtenant, the original tenant remains legally obligated by the terms of their lease until it expires.

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

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  1. West Virginia Tax Division: TSD 435
  2. West Virginia Tax Division: Municipal Sales and Use Tax