West Virginia Subletting, Lease Endings & Tenant Death
West Virginia rules on subletting, lease endings & tenant death for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: West Virginia's landlord-tenant statutes do not set a rule on whether a landlord must consent to subletting or assignment. W. Va. Code §§ 37-6A-1(15), 37-6A-2(f); Ch. 37 Arts. 6 and 6A (reviewed)
The rules in West Virginia
| Subletting | West Virginia's landlord-tenant statutes do not set a rule on whether a landlord must consent to subletting or assignment. They define a sublease as a transfer of some but not all of the tenant's rights, and if a tenant has an assignee or subtenant, the landlord may hold a security deposit from only one of them. Reviewed W. Va. Code Chapter 37, Article 6 (Landlord and Tenant), Chapter 37, Article 6A (security deposits) and Chapter 55, Article 3A (summary relief for wrongful occupation) on 2026-10-28; no landlord-consent rule for subletting was found. |
|---|---|
| When the lease ends | A lease that ends on a fixed date ends without any notice. A year-to-year tenancy can be ended by written notice at least three months before the end of a year, and a shorter periodic tenancy (such as month-to-month) by the same notice or by notice of one full rental period before the end of a period, unless the parties agreed on a different notice. The statutes reviewed set no holdover rent penalty and do not address automatic-renewal clauses. Reviewed W. Va. Code Chapter 37, Article 6 (Landlord and Tenant), Chapter 37, Article 6A (security deposits) and Chapter 55, Article 3A (summary relief for wrongful occupation) on 2026-10-28; no provision on automatic renewal or a holdover rent penalty was found. Source: W. Va. Code § 37-6-5 |
| If a tenant dies | When a residential tenant dies, the tenant's heir, personal representative, devisee or assignee may end the lease early by written notice. The lease ends on the last day of the calendar month that is two months after the notice is hand-delivered or mailed. The estate still owes rent and other sums through the notice period and the cost of restoring the unit beyond ordinary wear and tear. This right cannot be waived, and a lease requiring longer notice is void; it applies to leases signed or renewed on or after July 1, 2012. Source: W. Va. Code § 37-6-11(b) |
West Virginia vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| West Virginia | West Virginia's landlord-tenant statutes do not set a rule on whether a landlord must consent to subletting or assignment. They define a sublease as a transfer of some but not all of the tenant's rights, and if a tenant has an assignee or subtenant, the landlord may hold a security deposit from only one of them. W. Va. Code §§ 37-6A-1(15), 37-6A-2(f); Ch. 37 Arts. 6 and 6A (reviewed) | A lease that ends on a fixed date ends without any notice. A year-to-year tenancy can be ended by written notice at least three months before the end of a year, and a shorter periodic tenancy (such as month-to-month) by the same notice or by notice of one full rental period before the end of a period, unless the parties agreed on a different notice. The statutes reviewed set no holdover rent penalty and do not address automatic-renewal clauses. W. Va. Code § 37-6-5 | When a residential tenant dies, the tenant's heir, personal representative, devisee or assignee may end the lease early by written notice. The lease ends on the last day of the calendar month that is two months after the notice is hand-delivered or mailed. The estate still owes rent and other sums through the notice period and the cost of restoring the unit beyond ordinary wear and tear. This right cannot be waived, and a lease requiring longer notice is void; it applies to leases signed or renewed on or after July 1, 2012. W. Va. Code § 37-6-11(b) |
| Kentucky | Unless the landlord agrees in writing, a tenant at will, a tenant by sufferance, or a tenant with a lease of less than two years who assigns or transfers the lease or any part of the premises forfeits the tenancy to the landlord. After giving the occupant 10 days' written notice to quit, the landlord may re-enter or recover possession through a forcible entry and detainer case. KRS 383.180(2) | When a lease of less than a year ends and the tenant stays without an agreement, the landlord can recover possession without notice if a case is filed within 30 days; if not, no case may be brought until 60 days after the lease ended, and then the tenant either leaves or continues on the same terms for another like period (for leases of a year or more the periods are 90 days and one year) (KRS 383.160). In areas that have adopted Kentucky's landlord-tenant act, a tenancy that begins after a written lease ends can be ended by either side on 10 days' written notice, and if a tenant stays without consent willfully and not in good faith the landlord may recover up to three months' rent or three times actual damages, whichever is greater, plus attorney's fees (KRS 383.695). If the landlord agrees to the tenant staying, the tenancy is month-to-month unless a set term is agreed (KRS 383.565(3)). KRS 383.160; KRS 383.695(3)-(4); KRS 383.565(3) | Not verified yet |
| Maryland | Not verified yet | An automatic-renewal clause (other than one renewing for 1 month or less) must be set apart from the rest of the lease with a space for the tenant's written acknowledgment; without the tenant's initials, signature or witnessed mark it cannot be enforced by the landlord (Real Prop. §8-208(e)). To end a lease for a stated term over one week or a month-to-month tenancy, the landlord must generally give written notice 60 days before it expires (§8-402(c)). A tenant who unlawfully holds over is liable for the landlord's actual damages, and not less than the prorated lease rent for the holdover period. If the landlord agrees to let the tenant stay, the tenant becomes month-to-month (or week-to-week if the tenancy was weekly) unless the written lease, initialed by the tenant, says otherwise (§8-402(d)). Md. Code, Real Prop. §8-208(e); §8-402(a), (c), (d) | Not verified yet |
| Ohio | Ohio has no state law in its landlord-tenant chapter that sets a consent standard for subletting or assigning a residential lease. By statute, a landlord and tenant may include in the rental agreement any terms not inconsistent with chapter 5321 or other law. Ohio Rev. Code ch. 5321 (reviewed); § 5321.06 | Ohio has no state law in its landlord-tenant chapter that regulates automatic renewal clauses or sets a holdover rent penalty for a tenant who stays after the lease ends. For periodic tenancies, either side may end or decline to renew a month-to-month tenancy with notice at least 30 days before the periodic rental date, or a week-to-week tenancy with at least 7 days' notice. Ohio Rev. Code ch. 5321 (reviewed); § 5321.17 | Ohio has no state law in its landlord-tenant chapter that ends a residential lease when the tenant dies or sets a notice period for the tenant's estate. Deposit return follows the general rule: the landlord must return the deposit, with an itemized list of any deductions, within 30 days after the rental agreement ends and possession is delivered. Ohio Rev. Code ch. 5321 (reviewed); § 5321.16(B) |
| Pennsylvania | Pennsylvania has no state law in the Landlord and Tenant Act of 1951 that sets a consent standard for subletting or assignment. The Act provides that a sublessee is bound by the lease between the landlord and the original tenant, and that a lease for more than three years may be assigned only in a signed writing (unless by operation of law). The Attorney General's guide advises tenants to check whether their lease allows subleasing. Landlord and Tenant Act of 1951 §§ 105, 203; Act reviewed | A landlord who wants a tenant out when the lease term ends must give written notice to quit: at least 15 days for a lease of one year or less or of indefinite length, and 30 days for a lease of more than one year. The Attorney General's guide says a month-to-month or year-to-year tenancy renews automatically unless either side gives at least 15 days' notice before the term ends, and that some leases contain automatic-renewal clauses tenants should check. Pennsylvania has no state law in the Landlord and Tenant Act of 1951 that sets a holdover rent penalty. Landlord and Tenant Act of 1951 § 501(a)-(b) (68 P.S. § 250.501); PA Attorney General, Consumer Guide to Tenant and Landlord Rights | If the only tenant dies during a residential lease, the executor or administrator of the estate may end the lease with 14 days' written notice to the landlord, effective on the later of the last day of the second calendar month after the month of death or when the unit is surrendered and all belongings are removed. The estate still owes rent and debts up to the termination date (including damage and expenses caused directly by the death) but owes no penalty for ending the lease this way. The Act's abandoned-property procedure does not apply to a deceased tenant's belongings; those are handled under the probate code (20 Pa.C.S.). Landlord and Tenant Act of 1951 §§ 514, 505.1(c) |
| Virginia | Virginia's Residential Landlord and Tenant Act does not set a general rule requiring a landlord to allow or refuse subletting. If the lease lets the landlord approve or reject a proposed subtenant or assignee, the landlord must approve or disapprove within 10 business days after receiving the person's written application on the landlord's form. If the landlord does not act within 10 business days, that is evidence of approval. Va. Code § 55.1-1204(G) | A month-to-month tenancy can be ended by either side with written notice at least 30 days before the next rent due date (unless the lease sets a different period); week-to-week needs 7 days. If the tenant stays after the lease ends without the landlord's consent, the landlord may sue for possession, actual damages, attorney fees and costs unless the tenant shows the delay was reasonable; the lease may set liquidated damages of up to 150% of the daily rent for each day the tenant stays past the date in the landlord's notice. If the landlord agrees to let the tenant stay and no new lease is signed, the old lease terms continue, and new rent takes effect only on the next rent date at least 30 days after written notice. Va. Code § 55.1-1253 | If the only tenant on a written lease who still lives in the unit dies, the lease is treated as ended by the landlord as of the date of death, and no court order is needed for possession. The estate stays liable for actual damages, which the landlord must mitigate. If no court-appointed estate representative exists, the landlord must give at least 10 days' written notice to the emergency contact named in the lease or application (or to the tenant's address) before treating belongings as abandoned; the contact person may access the unit and claim the property. Other occupants must leave within the 10 days. Va. Code § 55.1-1256 |
More West Virginia rental law
- West Virginia Security Deposit Law
- West Virginia Eviction Laws
- West Virginia Notice to Vacate Rules
- Landlord Entry Rules in West Virginia
- West Virginia Repairs & Tenant Remedies
- West Virginia Rent Increase & Late Fee Laws
- Squatters' Rights in West Virginia
- West Virginia Rental Fee Rules
- West Virginia Mold, Pests, Heat & AC Rules
- West Virginia Privacy, Guests & Animal Rules
- West Virginia Landlord Selling the House
- West Virginia Lockouts, Utility Shutoffs & Retaliation
- All West Virginia landlord-tenant rules
- Free legal help in West Virginia
Compare subletting, lease endings & tenant death in all 50 states and DC →
West Virginia Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in West Virginia?
West Virginia's landlord-tenant statutes do not set a rule on whether a landlord must consent to subletting or assignment. They define a sublease as a transfer of some but not all of the tenant's rights, and if a tenant has an assignee or subtenant, the landlord may hold a security deposit from only one of them. (W. Va. Code §§ 37-6A-1(15), 37-6A-2(f); Ch. 37 Arts. 6 and 6A (reviewed))
What happens when my lease ends in West Virginia?
A lease that ends on a fixed date ends without any notice. A year-to-year tenancy can be ended by written notice at least three months before the end of a year, and a shorter periodic tenancy (such as month-to-month) by the same notice or by notice of one full rental period before the end of a period, unless the parties agreed on a different notice. The statutes reviewed set no holdover rent penalty and do not address automatic-renewal clauses. (W. Va. Code § 37-6-5)
What happens to a lease when a tenant dies in West Virginia?
When a residential tenant dies, the tenant's heir, personal representative, devisee or assignee may end the lease early by written notice. The lease ends on the last day of the calendar month that is two months after the notice is hand-delivered or mailed. The estate still owes rent and other sums through the notice period and the cost of restoring the unit beyond ordinary wear and tear. This right cannot be waived, and a lease requiring longer notice is void; it applies to leases signed or renewed on or after July 1, 2012. (W. Va. Code § 37-6-11(b))
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.