DisputeKit / West Virginia
How long does a West Virginia landlord have to return a security deposit?
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).
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- The deadline is 60 days after the tenancy ends or 45 days after a new tenant moves in, whichever is shorter.
- If damage exceeds the deposit and needs a third-party contractor, the landlord may send written notice of that within the deadline and then has an extra 15 days to provide the itemization and cost of repair.
- The landlord may mail the deposit and itemization to the tenant's last known or forwarding address; the tenant is responsible for giving the landlord an accurate address.
What West Virginia law says about deductions and your rights
- Deductions are limited to unpaid rent and reasonable late charges in the lease, damage from the tenant's noncompliance with the lease less reasonable wear and tear, unpaid utilities the landlord paid that were the tenant's obligation, reasonable removal and storage costs for the tenant's belongings, and other charges provided in the rental agreement.
- A new owner of the property is bound to return any deposit owed to the tenant.
- Claims under the security deposit law are filed in magistrate court or circuit court in the county where the rental unit is located.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in West Virginia is $20,000 in magistrate court (West Virginia has no separate small claims court), and the filing fee is $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.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 60 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in West Virginia?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. West Virginia law allows a court to 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). A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in West Virginia is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.