Roommate Leaves? Who Pays Rent in West Virginia

If you share an apartment or house in West Virginia, you might wonder who is legally responsible for paying the rent if one roommate moves out. Roommate situations can be unpredictable, but West Virginia’s rental laws help clarify these issues so you can protect yourself and your housing security.

Understanding Roommate Liability for Rent in West Virginia

In West Virginia, your responsibility for rent depends on whether both roommates signed the lease, or if there is only one official tenant. Let’s break down the typical scenarios you might face.

Roommates with a Joint Lease

If both you and your roommate signed the lease, you are usually considered "jointly and severally liable." This means the landlord can ask either or both of you for the full monthly rent amount if one departs. Even if your roommate leaves early without proper agreement or notice, you may be expected to cover the total rent until the lease period ends or a new roommate is approved by the landlord.

• Both names on lease: Landlord can require any remaining renter(s) to pay full rent.
• Typically, landlords have no legal duty to track down the former roommate or collect their share.
• If rent isn’t paid, ALL tenants on the lease can potentially be subject to eviction or negative credit reporting.

Roommates with Only One Leaseholder

If just one roommate is on the official lease, that person is the only tenant recognized by the landlord. The other is typically considered a subtenant or guest:

• The leaseholder remains fully liable for rent if the other moves out.
• The leaseholder may be able to pursue the departed roommate in small claims court for unpaid rent (as a private civil matter).

Roommate Agreements: Helpful, But Not Legally Binding

Written agreements between roommates about splitting rent and bills are useful. However, unless your landlord is a party to the agreement, it won’t bind them—the lease always takes priority.

What To Do When a Roommate Moves Out

If a roommate leaves before the lease is up, clear steps can help protect your rights and avoid rent issues:

• Notify your landlord: Let them know your situation as soon as you can. Some landlords may allow you to find a replacement roommate after an application and approval.
• Check your lease terms for any provisions about subletting or new roommates. Your lease may require all roommates to apply and be approved.
• Consider a new written roommate agreement if someone new moves in.
• Document communications in writing for your records.

Official West Virginia Forms and Resources

• Notice to Quit (WV Law – No Specific Form Number): Used by landlords to begin the eviction process for unpaid rent. If you receive a notice, respond promptly.
  • West Virginia Magistrate Court Landlord/Tenant Forms
  • Example: The remaining tenant receives a "Notice to Quit" for unpaid rent after a roommate leaves. You should act quickly and seek assistance if needed.
• Petition for Summary Relief – Wrongful Occupation (Form SCA-M404): Used if the landlord files for removal of a tenant for not paying rent.
  • Download from official West Virginia Judiciary website
  • Example: If you need to contest an eviction due to nonpayment caused by a roommate leaving, submit your response promptly to the Magistrate Court as directed on the notice.

Who Handles Rental Disputes in West Virginia?

Rental disagreements, including eviction or security deposit issues, are handled by the West Virginia Magistrate Court. This is the tribunal for most residential tenancy disputes in the state.

West Virginia Rental Law to Know

West Virginia’s main tenancy legislation is the West Virginia Code Chapter 37 Article 6 – Landlord and Tenant^[1]. It defines the landlord-tenant relationship, eviction proceedings, and notice requirements.

FAQ: Roommates and Rent Liability in West Virginia

1. Can my landlord evict me if my roommate moves out and I can’t pay the full rent?
   Yes, if you’re on the lease and full rent is not paid, the landlord can begin eviction proceedings against all leaseholders.
2. Am I still responsible for rent if my name isn’t on the lease?
   Not to the landlord. However, the leaseholder can pursue you privately for your share if you have a roommate agreement.
3. How do I add a new roommate to my lease in West Virginia?
   Contact your landlord. Most will require a rental application, screening, and approval before allowing substitution or additions to a lease.
4. Can I use a roommate agreement to avoid paying my former roommate’s rent?
   No. Roommate agreements are for enforcing arrangements between roommates. They do not relieve you of lease obligations to the landlord.
5. Where can I file a complaint about a landlord-tenant disagreement?
   File in your local Magistrate Court; see the West Virginia Magistrate Court for contact info.

Key Takeaways

• Both leaseholders remain fully responsible for rent, even if one roommate leaves early.
• Roommate agreements can help clarify payment, but are not enforceable by the landlord.
• If you receive a "Notice to Quit" or eviction notice, act quickly and seek help if you cannot pay.

Need Help? Resources for Renters

• West Virginia Official Landlord/Tenant Court Forms
• West Virginia Magistrate Court Self-Help Resources
• Legal Aid of West Virginia (Free legal help for eligible renters)
• West Virginia Department of Health and Human Resources (housing and emergency assistance information)

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1. West Virginia Code Chapter 37 Article 6 – Landlord and Tenant
2. West Virginia Magistrate Court – Residential Tenancies
3. Official West Virginia Landlord/Tenant Forms

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