West Virginia Roommate Agreement
The West Virginia rules that shape the document: no lodger law, no statutory right to add a roommate, no joint-liability default, and Charleston's five-person occupancy cap.
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Introduction
A roommate agreement is a contract between co-tenants who share a home. It is not a lease, and it does not bind the landlord or change the terms of the lease the tenants signed. In West Virginia, no statute gives a co-tenant a lighter path to remove a roommate the way California's lodger law does, and none gives a tenant an affirmative right to add a roommate the way New York's Roommate Law does; the lease controls both questions. West Virginia also sets no default rule on joint-and-several rent liability or on dividing a security deposit among roommates, so the written agreement is what actually governs those questions. Two narrower West Virginia rules matter too: the state's fair-housing exemption for a small owner-occupied rooming house adds ancestry and blindness to the protected classes it covers, and Charleston's zoning ordinance separately caps any household of unrelated roommates at five people.
Key Things to Know
- 1
West Virginia has no lodger law like California's. There is no owner-occupier shortcut for removing a roommate; removing one who will not leave requires the landlord to use the judicial process for wrongful occupation of residential rental property under West Virginia Code Chapter 55, Article 3B.
- 2
West Virginia has no statute, comparable to New York's Roommate Law, giving a tenant an affirmative right to add a roommate. Whether a roommate may move in, and on what terms, is governed entirely by the lease and the landlord's consent.
- 3
This agreement is a contract between the roommates only. It does not bind the landlord, does not modify the lease, and does not add anyone to the lease. No West Virginia statute classifies a roommate added to an existing tenancy as a co-tenant or a subtenant by default.
- 4
No West Virginia statute or reported case sets a default rule on whether roommates are jointly and severally liable for rent. The lease controls what the landlord can collect, so this agreement should state each roommate's payment share explicitly.
- 5
West Virginia Code Sections 37-6A-1 and 37-6A-2 govern only the landlord's handling of a security deposit. Neither addresses how a jointly paid deposit is divided among roommates when one moves out; that is left to this agreement.
- 6
West Virginia Code Section 16B-18-4(a) exempts an owner-occupied rooming house of four or fewer rented rooms from the state's housing-discrimination rules, and the state's protected-class list adds ancestry and blindness on top of the federal Fair Housing Act's categories.
- 7
Charleston's zoning ordinance caps a household of non-transient unrelated roommates at five people, unless all are related by blood, marriage, or adoption, or disability requires more. That cap applies regardless of who is otherwise allowed to be chosen as a roommate.
Key decisions before you file
Before you file a Roommate Agreement in West Virginia, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.
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West Virginia Requirements for Roommate Agreement
West Virginia has no equivalent of California's owner-occupier lodger statute. State clearly that removing a roommate who will not leave requires the landlord to use the judicial process under West Virginia Code Chapter 55, Article 3B, and prohibit self-help removal.
No West Virginia statute gives a tenant an affirmative right to add a roommate. Whether a roommate may move in depends on the lease and the landlord's consent, not on this agreement.
State plainly that the roommate agreement is a contract between the roommates only and does not classify a roommate as a co-tenant or subtenant, since no West Virginia statute sets that default.
No West Virginia statute or case sets a default rule on joint-and-several liability for rent among roommates. Draft the payment clause to state each roommate's share explicitly.
West Virginia Code Sections 37-6A-1 and 37-6A-2 govern only the landlord's handling of a deposit, with no statutory division among roommates. Include a clause setting each roommate's contribution and move-out division.
West Virginia Code Section 16B-18-4(a) exempts a small owner-occupied rooming house from housing-discrimination rules, and Section 16B-18-5 adds ancestry and blindness to the protected classes beyond federal law. Reflect both when addressing roommate selection.
Charleston's zoning ordinance caps a household of non-transient unrelated persons at five, absent a qualifying family relationship or disability need. Flag this cap for any unit located in Charleston.
Frequently Asked Questions
It is a contract between co-tenants who share a home in West Virginia. It divides rent and expenses, sets house rules, and addresses issues like the security deposit and what happens if a roommate leaves. It is separate from the lease and does not involve the landlord.
No. West Virginia has no lodger law and no owner-occupier shortcut for removing a roommate. A roommate who will not leave voluntarily can only be removed through the judicial process for wrongful occupation of residential rental property under West Virginia Code Chapter 55, Article 3B.
No. Unlike New York's Roommate Law, West Virginia has no statute giving a tenant an affirmative right to add a roommate. Whether you can add one, and on what terms, depends entirely on your lease and your landlord's consent.
West Virginia has no statute setting a default rule on this. Whether roommates are jointly and severally liable depends on the lease itself. Because state law does not fill this gap, the roommate agreement should state each person's payment share explicitly.
West Virginia law does not say. West Virginia Code Sections 37-6A-1 and 37-6A-2 address only how the landlord holds and returns a deposit, with no mechanism for dividing it among roommates. The roommate agreement is what actually governs that division.
Yes. Charleston's zoning ordinance defines a family occupying one dwelling unit as no more than five non-transient unrelated persons, unless everyone is related by blood, marriage, or adoption, or a disability requires more. This cap applies even if the roommates are otherwise free to choose each other.
Yes. West Virginia Code Section 16B-18-5 protects race, color, religion, ancestry, sex, familial status, blindness, disability, and national origin, which adds ancestry and blindness to the categories covered by the federal Fair Housing Act.
No. A West Virginia roommate agreement is a contract only between the roommates. It does not bind the landlord, does not change the lease, and does not add anyone as a tenant of record.