West Virginia Laws on Airbnb and Short-Term Rental Sublets

Thinking about subletting your West Virginia apartment on Airbnb or another short-term rental platform? Whether you want to help cover rent or you'll be away for a while, it's essential to understand your legal rights and obligations under West Virginia law. This guide covers what renters need to know about subleases, short-term rentals, and landlord permission to avoid legal hassles and protect your housing.

Short-Term Rentals and Subletting: What Renters Must Know

Short-term rentals (like Airbnb, VRBO, and similar platforms) are a form of subletting—renting your place (or part of it) to someone else for a short period. In West Virginia, your ability to sublet or use your rental unit as a short-term rental comes down to what your lease says and following West Virginia landlord-tenant law.

Check Your Lease Agreement First

• Most West Virginia leases include a clause about subletting and short-term rentals.
• If your lease forbids subletting, you generally cannot list your unit on Airbnb without your landlord's written consent.
• If your lease is silent on subletting or does not mention it, you should still ask your landlord for written permission to avoid misunderstandings or eviction.

What Does West Virginia Law Say?

There is no separate West Virginia statute specifically regulating short-term or vacation rentals by tenants. Instead, renters are covered by the West Virginia Residential Renters Act, which sets general rules for leases, tenant rights, and landlord remedies.^[1]

• If you sublet without permission in violation of your lease, your landlord may start an eviction (called an "unlawful detainer" action).
• You are responsible for any damages or issues caused by your subtenant or Airbnb guest.

City or Local Rules Might Affect You

Besides state law and your lease, check with your local city or county. Some places in West Virginia have zoning or housing codes that restrict or require registration for short-term rentals. For example, cities like Morgantown and Charleston have begun to address Airbnb-style rentals through local ordinances.

What Forms Do Renters Need to Sublet?

West Virginia does not have a specific government form required for subletting. However, here are key documents you might need:

• Written Sublease Agreement: This is a contract between you (the original tenant) and your subtenant. It's best to have your landlord's written approval before proceeding. Templates are available from some city housing departments, but you should use plain language that matches your lease terms.
• Permission to Sublet Letter: If your lease requires it, get your landlord's signature on a letter approving your sublease or short-term rental arrangement. Keep this with your records.
• Notice to Vacate (for Ending Sublet): If you or your subtenant are ending the sublet, use proper written notice. While there is no standard state form, you must follow the timelines in your lease or state law.

How Do I Handle Lease Violations or Disputes?

If your landlord claims you have violated your lease by hosting an Airbnb or subletting without permission, you might receive a written notice to comply or vacate. Disputes over eviction or lease enforcement are heard by the county magistrate court. The West Virginia Magistrate Courts handle residential landlord-tenant cases statewide.^[2]

Action Steps: What to Do Before Subletting

• Review your lease for any “no subletting” or “no short-term rental” clauses.
• Ask your landlord for written permission, even if your lease is silent.
• Check your city or county’s official website for local short-term rental rules or permits.
• If you move forward, use a written sublease agreement and keep signed records.
• If a dispute occurs, document all communications and seek help from the West Virginia Magistrate Court or a local legal aid office.

Taking these steps helps protect you against unexpected lease violations or eviction actions.

FAQs: Airbnb and Subletting in West Virginia

1. Can I list my rental on Airbnb in West Virginia if my lease doesn’t mention it?
   If your lease is silent, you should still ask your landlord for written permission. Subletting without consent may still violate lease or local rules.
2. What happens if I sublet without landlord approval?
   Your landlord may serve you a notice to comply or vacate, and if not resolved, may file an eviction case in magistrate court.
3. Does West Virginia have an official sublet agreement form?
   No, the state does not issue a standard sublease form. Use a clear written agreement and seek your landlord's consent.
4. Who decides landlord-tenant disputes in West Virginia?
   The West Virginia Magistrate Courts handle all residential tenancy cases, including disputes around unauthorized subletting or eviction.
5. Are there local permits or special taxes for Airbnb hosts?
   Some cities may require permits or collect taxes from short-term rentals. Always check your local government's website for requirements.

Key Takeaways for Renters

• Always review your lease and get the landlord’s approval for any sublet or short-term rental.
• West Virginia law and local rules may affect your ability to use Airbnb or similar services.
• Keep documentation and know your rights under the West Virginia Residential Renters Act.

When in doubt, seek help early and avoid taking risks with your housing.

Need Help? Resources for Renters

• West Virginia Residential Renters Act – Full text of the main tenant rights law
• West Virginia Magistrate Courts – Tenant/Landlord Information
• Legal Aid of West Virginia – Free help for low-income renters
• Contact your city or county government for local short-term rental ordinances or requirements
• For questions about filing in magistrate court, contact your county clerk or visit their website for instructions and forms

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1. West Virginia Residential Renters Act
2. West Virginia Magistrate Courts: Eviction Information

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