Essential Clauses for Roommate Agreements in West Virginia

Sharing a rental with roommates in West Virginia comes with both advantages and responsibilities. A carefully prepared roommate agreement can help prevent disputes and protect everyone's rights. If you're a renter considering a shared housing arrangement, knowing what to include in a roommate agreement is vital for a smooth experience under West Virginia law.

Why Use a Roommate Agreement?

A roommate agreement is a written contract between all tenants (roommates) living in the same rental unit. While not legally required by West Virginia law, a clear agreement can help resolve conflicts over rent, chores, guests, or damages. Roommate agreements are distinct from a lease (which is between tenant and landlord) and are best created when everyone moves in together or when new roommates join.

Must-Have Clauses for West Virginia Roommates

Here are the essential topics your roommate agreement should cover to align with West Virginia Landlord-Tenant Law:

Rent and Utilities

• Rent Breakdown: How much each roommate pays and when payments are due.
• Who submits the full payment to the landlord each month.
• Procedure if someone pays late or misses a payment.
• Utility and internet sharing: who is responsible for each bill and payment deadlines.

Security Deposit

• How the deposit was collected—was it split among roommates?
• Process for reimbursement if someone leaves early.
• Agreement on splitting potential deductions for damages at move out.

Household Responsibilities

• Chore schedule: cleaning, trash, shared supply restocking.
• How roommates will communicate issues or changes (e.g., through group messages or monthly meetings).

Quiet Hours and Guests

• Acceptable noise levels and designated quiet times.
• Guest policies: who can have guests, visiting hours, overnight guest limits, and advance notice procedures.

Personal Property

• Rules for using or borrowing roommates’ belongings.
• Sharing of kitchenware, appliances, and furniture.

Conflict Resolution and Rule Changes

• Steps roommates will take to resolve disputes informally.
• How to amend or update the agreement as roommates change.

Consequences for Breaking the Agreement

• Possible penalties or steps if someone repeatedly breaks the rules (such as mediation or a vote to end the arrangement).

Official Tribunals and Legislation

In West Virginia, residential tenancy and rental disputes are overseen by state civil courts, not a specialized board. The West Virginia Judiciary handles landlord-tenant cases and small claims disputes.

The key state law is the West Virginia Code Chapter 37, Article 6 – Landlord and Tenant¹. This legislation covers rental deposits, rent responsibilities, eviction processes, and apartment standards. While it does not require a roommate agreement, it enforces the main lease which may limit subletting or additional occupants—always check your lease and get landlord approval for new roommates.

Relevant Official Forms and Practical Use

• Notice to Terminate Tenancy (WV Code §37-6-5): If you need to leave your rental (and your lease is month-to-month), you must give your landlord at least 1 rental period's notice in writing. There is no state-provided official form, but you can create a written notice with your move-out date and deliver it to your landlord. For guidelines, visit the West Virginia Notice to Quit Law.
• Small Claims Complaint (Magistrate Court Civil Complaint): If you and your roommate have an unresolved financial dispute (such as unpaid rent), you may file in small claims court. The required form is the Magistrate Court Civil Complaint (Form SCA-C-100). Example: One roommate refuses to pay their portion of the utilities; you may file this form in your county's magistrate court.

It's always best to communicate and try to resolve issues before using legal channels.

FAQ: Roommate Agreements in West Virginia

1. Are roommate agreements legally binding in West Virginia?
   Generally, yes—roommate agreements function as private civil contracts. However, they cannot overrule state law or the lease agreed with the landlord.
2. Can I add a new roommate without my landlord’s permission?
   Most leases require landlord approval to add a new occupant. Always check your lease and secure permission in writing before adding someone new.
3. What happens if my roommate breaks the agreement?
   If a roommate breaks the agreement, discuss the issue first. For serious issues (like unpaid rent), you may consider small claims court or mediation.
4. What if my roommate refuses to move out after lease ends?
   If the main lease has ended, and someone will not leave, the landlord may need to file for eviction with the court. Disputes between roommates over occupancy are resolved in civil court, not by the landlord.
5. Is subletting allowed under West Virginia law?
   State law does not prohibit subletting, but your lease may. Always get written approval from your landlord and follow the procedures outlined in your lease.

Key Takeaways for Shared Housing

• A roommate agreement in West Virginia should cover rent, deposits, chores, and house rules.
• It does not replace your lease or override state law, but it helps manage shared responsibilities.
• Official forms such as the Magistrate Court Civil Complaint can be used if disputes escalate.

Need Help? Resources for Renters

• West Virginia Judiciary – Information on small claims and landlord-tenant disputes.
• West Virginia Landlord-Tenant Code – Full text of the laws governing rental housing, security deposits, and evictions.
• Legal Aid of West Virginia – Free information and renter support services across the state.

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1. West Virginia Code Chapter 37, Article 6 - Landlord and Tenant
2. West Virginia Magistrate Court Civil Complaint (Form SCA-C-100)
3. West Virginia Judiciary

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