How can I get back a West Virginia residential security deposit my landlord is withholding?
Under West Virginia law, landlords must return a tenant's security deposit at the end of the tenancy, minus allowed deductions, and provide a written itemization of deductions. If a landlord willfully or not in good faith fails to follow the law, the tenant may be entitled to recover the deposit and additional damages. Courts handle disputes in magistrate or circuit court in the county where the rental is located.
People commonly resolve these disputes by asking the landlord for an itemized accounting, sending a written demand, or filing a civil claim in magistrate or circuit court. If the landlord provided required notice about damages and used a third party, the landlord has a defined extra period to produce an itemization before final accounting occurs.
Current West Virginia law
Every answer cites the statute
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The deadline that matters
If the landlord gives the required notice that damages exceed the deposit and a third party contractor is needed, the landlord has an additional 15 days to provide an itemization under W. Va. Code § 37-6A-2.
What West Virginia law says
The law requires landlords to deliver any security deposit, less permitted deductions, and a written itemization upon termination of the tenancy, within the applicable notice period, and lists what deductions are allowed under W. Va. Code § 37-6A-2. If damages exceed the deposit and a third party contractor is needed, the landlord must notify the tenant and then has an additional fifteen day period to provide an itemization, per W. Va. Code § 37-6A-2. Landlords must keep and either allow inspection of or provide records of deductions within 72 hours of a written request, and keep those records for one year, under W. Va. Code § 37-6A-3. A rental agreement cannot waive the tenant's rights under this article, and prohibited waiver provisions are unenforceable, under W. Va. Code § 37-6A-4. If a landlord willfully or not in good faith fails to comply, the tenant may obtain a judgment for the unreturned deposit and damages equal to one and one-half times the amount wrongfully withheld, with jurisdiction in magistrate or circuit court, under W. Va. Code § 37-6A-5. The security deposit rules apply to residential rental premises used for dwelling purposes, per W. Va. Code § 37-6A-6. Case law discusses how courts review factual findings and handling of deposit disputes, for example Arthur Deras v. Prime Capitol Properties, which addresses itemized deductions and trial review standards, see Arthur Deras v. Prime Capitol Properties (W. Va. 2021).
What to do
A common first step is to request in writing the deposit return and a written itemization of deductions, referencing the landlord's duty under W. Va. Code § 37-6A-2.
A common next step is to ask to inspect or to request copies of the landlord's deduction records, which the landlord must provide within 72 hours under W. Va. Code § 37-6A-3.
A common option is to send a formal demand letter asserting the statutory return and itemization rights; the in-app tool output includes a demand letter and small-claims filing preparation.
A common approach is to file a civil action in magistrate or circuit court in the county where the rental is located if the landlord willfully or not in good faith withholds the deposit, relying on W. Va. Code § 37-6A-5.
A common consideration is to preserve documents and communications, and to keep copies of the lease, move-out notices, inspection reports, and receipts for repairs or cleaning.
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Common questions
What deductions can a landlord make from a security deposit?
Allowed deductions include unpaid rent, tenant-caused damages beyond normal wear and tear, unpaid utility charges billed to the landlord and unpaid by the tenant, reasonable removal and storage costs for tenant property, and other charges allowed by the rental agreement, under W. Va. Code § 37-6A-2.
Can a lease say I waive my right to get my deposit back?
No. A rental agreement may not include a provision that waives or foregoes a tenant's rights under the security deposit law; such provisions are unenforceable under W. Va. Code § 37-6A-4.
Where do I sue if my landlord willfully withholds my deposit?
A civil action under the security deposit law may be brought in magistrate court or circuit court in the county where the rental premises are located, per W. Va. Code § 37-6A-5.
What additional damages can a tenant recover if the landlord violates the law?
If the landlord's noncompliance is willful or not in good faith, the tenant may be entitled to the amount of any unreturned deposit and damages for annoyance or inconvenience equal to one and one-half times the amount wrongfully withheld, under W. Va. Code § 37-6A-5.
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This page provides legal information about West Virginia law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
