West Virginia Security Deposit Demand Letter
In West Virginia a landlord must return your security deposit with a written itemization within the notice period. A willful or bad-faith withholding adds damages of 1.5 times the amount wrongfully withheld. Attorney review available.
Introduction
A security deposit demand letter is a written demand a West Virginia tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. West Virginia does not fix the deposit-return deadline at a flat number of days. It runs a notice period that ends at the shorter of two clocks: 60 days after the tenancy terminates, or 45 days after a subsequent tenant occupies the premises (W. Va. Code Sections 37-6A-1 and 37-6A-2(a)). By that point the landlord must hand back the deposit, minus any deductions, together with a written itemization of any damages or charges. If the money does not come back, that written demand precedes any magistrate court filing. One wrinkle: where the damages top the deposit and need a third-party contractor, the landlord who gives written notice of that within the notice period buys an extra 15 days to itemize the damages and repair cost (Section 37-6A-2(c)). Deductions are confined to unpaid rent and reasonable late charges, tenant-noncompliance damages less reasonable wear and tear, unpaid utilities, and removal or storage costs (Section 37-6A-2(b)), and no rental agreement may make the tenant waive or forego rights under Article 6A (Section 37-6A-4). If the landlord's noncompliance is willful or not in good faith, the tenant takes judgment for the unreturned deposit plus damages of one and a half times the amount wrongfully withheld (Section 37-6A-5). An ignored demand can go to magistrate court, where the amount in controversy may not exceed $20,000 exclusive of interest and cost (W. Va. Code Section 50-2-1), within a ten-year period to sue on a written lease (W. Va. Code Section 55-2-6). DocDraft builds your West Virginia security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
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The demand letter is a West Virginia tenant's written request to a former landlord for a withheld deposit, sent before a magistrate court case.
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The return deadline is a notice period ending at the shorter of two clocks: 60 days after the tenancy terminates, or 45 days after a subsequent tenant occupies the premises (W. Va. Code Sections 37-6A-1, 37-6A-2(a)).
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If damages top the deposit and need a third-party contractor, a landlord who gives written notice of that within the notice period gains an extra 15 days to itemize the damages and repair cost (W. Va. Code Section 37-6A-2(c)).
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Deductions are limited to unpaid rent and reasonable late charges, tenant-noncompliance damages less reasonable wear and tear, unpaid utilities, and removal or storage costs (W. Va. Code Section 37-6A-2(b)).
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Reasonable wear and tear is not chargeable, and no rental agreement may make the tenant waive or forego rights or remedies under Article 6A (W. Va. Code Sections 37-6A-2(b), 37-6A-4).
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A willful or not-in-good-faith noncompliance entitles the tenant to judgment for the unreturned deposit plus damages of one and a half times the amount wrongfully withheld (W. Va. Code Section 37-6A-5).
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West Virginia has no separate small claims court; an ignored demand goes to magistrate court, capped at $20,000 exclusive of interest and cost (W. Va. Code Section 50-2-1), within a ten-year period to sue on a written lease (W. Va. Code Section 55-2-6).
Key decisions before you file
Before you file a Security Deposit Demand Letter in West Virginia, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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West Virginia Requirements for Security Deposit Demand Letter
Notice-Period Return Deadline
In West Virginia the landlord must deliver the deposit, minus any deductions, with a written itemization, within the notice period: 60 days after termination of the tenancy or 45 days after a subsequent tenant occupies the premises, whichever period is shorter (W. Va. Code Sections 37-6A-1, 37-6A-2(a)). Your demand letter should state that this period has passed.
Written Itemization of Damages and Charges
The deposit must be delivered together with a written itemization of any damages or other charges within the notice period (W. Va. Code Section 37-6A-2(a)). A missing or late written itemization supports treating the withholding as improper.
Fifteen-Day Extension for Contractor Repairs
Where the damages exceed the deposit and require a third-party contractor, the landlord must give written notice of that fact within the notice period and then has an additional 15 days to provide the itemization of damages and cost of repair (W. Va. Code Section 37-6A-2(c)). Without that written notice the extension does not apply.
Permitted Deductions
The deposit may be applied only to unpaid rent and reasonable late charges, damages from the tenant's noncompliance less reasonable wear and tear, unpaid utilities the landlord paid, reasonable removal and storage costs, and other charges provided in the rental agreement (W. Va. Code Section 37-6A-2(b)). Deductions outside these categories can be disputed.
No Charge for Reasonable Wear and Tear
The landlord may not charge the tenant for reasonable wear and tear; the damages deduction is expressly limited to those from the tenant's noncompliance, less reasonable wear and tear (W. Va. Code Section 37-6A-2(b)). Charges for normal use are improper and can be disputed.
No Waiver of Rights Under Article 6A
A West Virginia rental agreement may not contain a provision that the tenant agrees to waive or forego rights or remedies under Article 6A (W. Va. Code Section 37-6A-4). A lease clause purporting to waive your deposit rights does not bar your claim.
1.5x Penalty for Willful or Bad-Faith Withholding
If the landlord's noncompliance is willful or not in good faith, the tenant is entitled to judgment for the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld (W. Va. Code Section 37-6A-5). If the tenant owes rent, an amount equal to the award is credited against the rent due.
Magistrate Court Limit and Deadline to Sue
West Virginia has no separate small claims court; deposit claims are filed in magistrate court, where the amount in controversy may not exceed $20,000 exclusive of interest and cost (W. Va. Code Section 50-2-1). The deadline to sue on a written lease is ten years (W. Va. Code Section 55-2-6), though filing promptly after the demand is the practical course.