Roommate Agreement in West Virginia

An agreement between roommates on rent shares, bills, chores and moving out. It is a contract between you — it does not change your lease with the landlord.

What West Virginia law says

Roommate not on the lease	Under the definitions in W. Va. Code Chapter 37, Article 6A, a tenant is a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others (including a roomer), and a rental agreement may be written or oral, express or implied. A roommate not on the written lease can be a tenant through an express or implied agreement with the landlord. A person who is not entitled under a rental agreement and not authorized by the tenant or owner to live there is a 'squatter'. Squatter definition: https://code.wvlegislature.gov/55-3C-2/. Source: W. Va. Code § 37-6A-1(12), (16); § 55-3C-2(a)
Removing a roommate or subtenant	No roommate-specific statute. A periodic tenancy shorter than a year is ended by written notice for one full period before the end of any period (three months before the end of the year for year-to-year), unless a special agreement provides otherwise. Notice to the tenant may be served on the tenant or on anyone holding under the tenant. Source: W. Va. Code § 37-6-5

Roommate not on the lease

Under the definitions in W. Va. Code Chapter 37, Article 6A, a tenant is a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others (including a roomer), and a rental agreement may be written or oral, express or implied. A roommate not on the written lease can be a tenant through an express or implied agreement with the landlord. A person who is not entitled under a rental agreement and not authorized by the tenant or owner to live there is a 'squatter'.

Squatter definition: https://code.wvlegislature.gov/55-3C-2/.

Source: W. Va. Code § 37-6A-1(12), (16); § 55-3C-2(a)

Removing a roommate or subtenant

No roommate-specific statute. A periodic tenancy shorter than a year is ended by written notice for one full period before the end of any period (three months before the end of the year for year-to-year), unless a special agreement provides otherwise. Notice to the tenant may be served on the tenant or on anyone holding under the tenant.

Source: W. Va. Code § 37-6-5

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ROOMMATE AGREEMENT for [rental address]

Roommates: [roommate names]

Rent: total $[total rent] per month. Shares: [each roommate's share]. Each share is paid to [who pays the landlord] by [due date].

Security deposit paid by each roommate: [deposit shares]. When someone moves out, their share is returned [how and when].

Utilities and internet: [how bills are split and who holds each account].

Rooms and shared spaces: [who has which room; shared areas].

Cleaning and chores: [chore plan]. Quiet hours: [quiet hours]. Guests: [overnight guest limits].

Moving out: a roommate who leaves gives [notice period] written notice to the others and [finds a replacement approved by the landlord / pays their share until the lease ends].

Disputes: we will first try to talk it out, then [mediation or small claims court].

Signatures and dates: [signatures]

Roommate Agreement for other states · West Virginia tenant rights

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.