Residential Sublease Agreement - West Virginia
Residential Sublease Agreement — West Virginia
Before you use this: Attach the complete master lease, document any consent it requires, and complete property-specific and housing-program disclosures. Identify who holds each security deposit before collecting money from Subtenant.
This Agreement is made on [__/__/____] between [PRIMARY TENANT FULL NAME] (“Sublessor”) and [SUBTENANT FULL NAME] (“Subtenant”). The owner or primary landlord is [NAME] (“Primary Landlord”).
1. Premises, master lease, and authorization
Address: [STREET, UNIT, CITY, WEST VIRGINIA ZIP]. Space: ☐ Entire dwelling ☐ [ROOM/AREA] with shared use of [COMMON AREAS]. Master lease dated: [__/__/____]. Master lease ends: [__/__/____]. The complete master lease, amendments, and rules are attached as Exhibit A and delivered to Subtenant.
Master-lease subletting provision: [SECTION AND TERMS / NONE]. Authorization: ☐ Exhibit A permits this sublease without further consent. ☐ Primary Landlord's written consent is attached as Exhibit B or signed below. ☐ Required housing-program consent is attached as Exhibit B. Subtenant will not occupy until required authorization is documented. Sublessor remains responsible under the master lease unless Primary Landlord separately releases Sublessor in writing.
2. Fixed term, rent, and services
This sublease begins [__/__/____] and ends [__/__/____], no later than Sublessor's lawful right to possession under the master lease. West Virginia Code § 37-6-5 does not require a separate end-of-term notice for a tenancy set to end at a certain time, unless a special agreement or other applicable law provides otherwise. An extension requires a signed writing and any required Primary Landlord consent. No term here authorizes Sublessor to grant rights after the master lease lawfully ends.
Rent: $[____] per [MONTH / OTHER PERIOD], due [DAY/DATE] to [PAYEE] at [ADDRESS/ACCOUNT] by [METHOD]. First partial period: $[____ / NONE] for [DATES], due [__/__/____]. Late charge: ☐ None ☐ $[____] if rent remains unpaid [____] days after due; any agreed charge must be reasonable. An incomplete amount or trigger means none is agreed. Utilities/services paid by Sublessor: [LIST]. Paid by Subtenant: [LIST AND ALLOCATION]. Other charges: [ITEM, AMOUNT, DUE DATE / NONE].
3. Deposit and condition
Subtenant pays a refundable security deposit of $[____ / ZERO], contractually limited to no more than one month's rent. Primary Landlord's deposit is held from [PARTY / NONE]; Sublessor's deposit from Subtenant is held by [PARTY / NONE]. W. Va. Code § 37-6A-2(f) permits a landlord to hold a security deposit from only one party when the tenant has a sublessee. The parties will not arrange for the same landlord to hold deposits from both Sublessor and Subtenant.
Sublessor may deduct only unpaid rent and reasonable agreed late charges, Subtenant-caused damage beyond reasonable wear and tear, unpaid Subtenant utilities billed to and paid by Sublessor, reasonable removal and storage of Subtenant's personal property, and other lawful charges expressly stated in this Agreement. Move-in condition record: [EXHIBIT C / IDENTIFY].
After the tenancy ends, Sublessor will deliver the refund and a written itemization of deductions by the earlier of 60 days after termination or 45 days after a subsequent tenant occupies the dwelling. Delivery may be personal or by mail to Subtenant's last known or provided forwarding address. Forwarding address: [ADDRESS / TO BE PROVIDED].
4. Occupancy, repairs, and entry
Permitted occupants: [NAMES]. Pets: [TERMS / NONE]. Parking/storage: [TERMS / NONE]. Attached rules: [IDENTIFY / NONE]. Subtenant will keep the dwelling reasonably clean, promptly report repairs, and avoid damage beyond ordinary wear. Sublessor will deliver and maintain a fit and habitable dwelling as applicable law requires and coordinate work requiring Primary Landlord's action.
For planned inspection, repair, service, or showing, Sublessor will give at least 24 hours' written notice and enter at a reasonable time. This is an express contract term, subject to any longer local or program rule. In an emergency, the parties will act reasonably to protect people and property. Entry will not be used to harass Subtenant.
5. Notices, surrender, and exhibits
Sublessor notice address and phone: [DETAILS]. Primary Landlord notice address and phone: [DETAILS]. Subtenant notice address and phone: [DETAILS]. Contract notices will be written and delivered by [METHOD] subject to applicable law. The parties will promptly share Primary Landlord notices affecting this sublease.
At the lawful end of possession, Subtenant will vacate, remove personal property, return keys to [PERSON], leave the dwelling reasonably clean subject to ordinary wear, and provide a forwarding address. A default or possession action follows lawful process. No term here waives a nonwaivable deposit right or authorizes self-help removal.
- Exhibit A: Complete master lease, amendments, and rules: ☐ Attached and delivered.
- Exhibit B: Primary Landlord and program authorization: ☐ Attached ☐ Signed below.
- Exhibit C: Move-in condition record: ☐ Attached.
- Applicable local, federal, or program disclosures: [IDENTIFY / NONE APPLICABLE].
6. Agreement and signatures
West Virginia law governs. No term waives a nonwaivable right or remedy under Article 6A. An unenforceable term does not cancel the remainder. Changes require a writing signed by both parties and any required consenting person. Each party receives a signed copy.
Sublessor: [SIGNATURE] Date: [__/__/____] Printed name: [________________]
Subtenant: [SIGNATURE] Date: [__/__/____] Printed name: [________________]
Primary Landlord authorization, if required: I authorize this specific sublease. This signature alone does not release Sublessor from the master lease.
Primary Landlord/agent: [SIGNATURE] Date: [__/__/____] Printed name/capacity: [________________]
About this template
- Last updated
- September 27, 2026
- Citations checked
- September 27, 2026
- Jurisdiction
- West Virginia
- Category
- Landlord & Tenant
Legal authority
- W. Va. Code § 37-6-5
- W. Va. Code § 37-6-30(a)
- W. Va. Code § 37-6A-1(7), (15)
- W. Va. Code § 37-6A-2(a)-(b), (f)-(g)
- W. Va. Code § 37-6A-4
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on September 27, 2026.
W. Va. Code § 37-6-5 (checked September 27, 2026): "This section shall not apply where, by special agreement, some other period of notice is fixed, or no notice is to be given; nor shall notice be necessary from or to a tenant whose term is to end at a certain time."
W. Va. Code § 37-6-30(a) (checked September 27, 2026): "At the commencement of a tenancy, deliver the dwelling unit and surrounding premises in a fit and habitable condition, and shall thereafter maintain the leased property in such condition"
W. Va. Code § 37-6A-1(7) (checked September 27, 2026): ""Notice period" means: (A) within 60 days of the termination of the tenancy; or (B) within 45 days of the occupation of the premise by a subsequent tenant, whichever time period is shorter."
W. Va. Code § 37-6A-1(15) (checked September 27, 2026): ""Sublease" means the transfer by any tenant of any but not all interests created by a rental agreement."
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