In West Virginia, a sublease agreement is a written agreement between a tenant and another tenant where a sublessor (the original signer of a lease) agrees to move out for a period of time while the sublessee (a new tenant) moves in. These types of agreements are generally short-term agreements that can last anywhere from one month to an indefinite period of time, as the duration of the agreement can be left entirely to the tenants and what they agree to. These types of agreements are common and are often used because of job reasons such as temporary relocation and military deployment to extended stays like family emergencies or long vacations. One important fact about utilizing a sublease agreement is that no matter how long the original tenant is gone, he or she will remain on the lease. This means that if any late rent payments, property damage, or abandonment occurs, he or she will be held responsible.
West Virginia’s Tenant/Landlord Laws do not mention subleasing, which means that a tenant will be held to the terms of his or her lease. If the landlord does approve a sublease agreement, then the tenant is strongly encouraged to receive such approval in writing to protect all involved parties.