DisputeKit / States / West Virginia
Your consumer rights in West Virginia
What West Virginia and federal law say about getting a security deposit back, refunds and cancelling subscriptions, with the law cited and a sample letter for each.
Security deposits
60 days. Under West Virginia Code § 37-6A-2, a landlord must deliver the security deposit, minus any deductions, together with a written itemization of the damages or other charges deducted within 60 days. The clock starts when you move out and hand back possession of the unit. A court may also award the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld, if the landlord's noncompliance was willful or not in good faith (any rent the tenant owes is credited against the award).
Refunds
If a company won't refund you, send a written demand with a clear deadline. If you paid by credit card, you may also be able to dispute the charge: Under the Fair Credit Billing Act, a billing-error dispute must reach the card issuer in writing within 60 days after the first statement showing the charge.
Subscriptions
West Virginia has no automatic-renewal statute. For subscriptions sold online, the federal Restore Online Shoppers' Confidence Act requires a simple way to stop recurring charges, and West Virginia's general consumer protection law applies.
Small claims and complaints in West Virginia
- West Virginia consumer law
- West Virginia Code § 46A-6-104 (West Virginia Consumer Credit and Protection Act)
- Where to file a complaint
- West Virginia Attorney General, Consumer Protection Division
- Filing fee
- $30 to $50 depending on the amount claimed, plus an additional $20 civil filing fee and service costs; ask the magistrate clerk for the current total