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 term: ☐ Fixed through [__/__/____] ☐ Month to month. 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: SPECIFY]. A full monthly rent period begins on day [1-28] and ends the day before that date next month; if another period is selected, each full period runs from [START DAY/DATE] through [END DAY/DATE]. Rent is due at the start of each selected period. Pay [PAYEE] at [ADDRESS/ACCOUNT] by [METHOD]. First full rent period, if any: [START DATE THROUGH END DATE / NONE], at the recurring rent stated above, due [__/__/____ / NONE] (that period's starting date). Complete the schedule for any initial or final partial rent period; write "none" where a period does not apply. If the whole term fits within one partial period, complete the initial row and mark the final row and first full period "none." Each partial amount replaces recurring rent for its covered dates; do not charge the same dates twice.

Credit rent already paid for the initial or final covered dates against the completed amount for those dates. Sublessor will return any excess prepaid rent within 15 days after this sublease lawfully ends. This rent settlement is separate from the deposit return in Section 3 and does not release Sublessor from the master lease.

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.
• Exhibit D: Federal lead disclosure for covered pre-1978 housing: ☐ Attached, completed, and separately signed ☐ Not applicable after coverage review.
• Applicable local, federal, or program disclosures: [IDENTIFY / NONE APPLICABLE].

Conditional property disclosures

Underground storage tank: If W. Va. Code § 22-17-19(a) applies to the Sublessor because of an ownership interest during active regulated-substance storage or actual knowledge or reason to believe the property or underlying ground contains a tank, this Agreement discloses that fact: ☐ Tank exists at [LOCATION AND DETAILS]; ☐ subsection (a) does not apply after review. Complete before signing.

Identified clandestine drug laboratory: For residential property identified as a clandestine drug laboratory, the owner or owner's agent must disclose to each prospective occupant the laboratory's location, remediation plans, related enforcement actions, and any Department of Health remediation-completion certificate under W. Va. C.S.R. § 64-92-7.3. ☐ Owner/agent disclosure attached with those details. ☐ No such identification reported to the owner/agent. Owner/agent contact for this disclosure: [NAME AND ADDRESS].

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: [________________]

Exhibit D — lead-based paint disclosure for covered housing

Complete and sign this exhibit before Subtenant is obligated if the sublet housing was built before 1978 and is target housing under 40 C.F.R. § 745.103. A rental of an individual room is generally a 0-bedroom dwelling under that section, but the exception does not apply when a child under six resides or is expected to reside there. Determine any other exemption under § 745.101 before relying on it. Attach this exhibit to the signed sublease and give Subtenant the federally approved lead-hazard pamphlet and all available lead records or reports before signing.

Year housing was built: [________] Covered target housing: ☐ Yes ☐ No, basis: [________________________]

Lead Warning Statement (40 C.F.R. § 745.113(b)(1)):

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

Sublessor's disclosure of known lead-based paint and/or lead-based paint hazards: ☐ Known lead-based paint or hazards are present. Describe their location, the condition of painted surfaces, and the basis for that knowledge: [________________________________________________]. ☐ Sublessor has no knowledge of lead-based paint or hazards in the housing.

Available records and reports: ☐ Sublessor has provided Subtenant all available lead-based paint or hazard records and reports listed here: [________________________________________________]. ☐ Sublessor has no such records or reports.

Subtenant's acknowledgment: ☐ Subtenant received copies of the listed records and reports. ☐ Sublessor stated that there are no such records or reports. Subtenant acknowledges receipt of the disclosure above and the federally approved pamphlet on lead poisoning prevention.

Agent's acknowledgment, if an agent participates: Agent has informed Sublessor of Sublessor's obligations under 42 U.S.C. § 4852d and is aware of the duty to ensure compliance. ☐ No agent participates.

The signing parties certify that their statements in this exhibit are accurate to the best of their knowledge.

Sublessor signature: [________________________________] Date: [__/__/____]

Subtenant signature: [________________________________] Date: [__/__/____]

Agent signature, if any: [________________________________] Date: [__/__/____]