West Virginia Security Deposit Demand Letter

The rule: 60 days, or 45 days after re-renting — whichever is earlier under W. Va. Code § 37-6A-2. The clock generally starts when you actually surrender the unit — keys back, belongings out — rather than the date printed on the lease.

Sixty days after the tenancy ends, or 45 days after a new tenant takes possession, whichever comes first.

The deadline is satisfied by either sending the money or sending a real itemization. A landlord who mails a genuine list of deductions inside the window has met it, even if you think every line is wrong. That moves the argument from "they were late" to "these charges are not legitimate," which is a different and usually winnable fight.

Up to one and a half times the wrongfully withheld amount plus fees.

That exposure is the leverage in your letter. Landlords who ignore a tenant's phone calls tend to respond quickly once a dated letter cites the statute and states the multiplier they are risking. Say it plainly and without threats you will not follow through on: name the amount, name the statute, give a deadline, and state that you will file in Magistrate Court if it passes.

No state lets a landlord charge you for normal wear and tear. The line is roughly: deterioration from ordinary living is on the landlord, damage from negligence, abuse, or accident is on you.

• Not chargeable: faded or scuffed paint after a multi-year tenancy, carpet worn in walking paths, minor nail holes, loose grout, worn appliance finishes, dusty blinds.
• Chargeable: burns, pet urine in subfloor, large holes, broken fixtures, missing appliances, unauthorized paint colors, and genuine cleaning beyond broom-clean.
• Prorated: carpet and paint have useful lives. A landlord replacing an eight-year-old carpet cannot bill you for a new one at full price.

Ask for receipts. A deduction with no invoice behind it rarely survives a hearing, and in several states an unsupported charge is itself evidence of bad faith.

Deposit disputes are decided on photos and dates. What you want in hand before sending the letter:

• Move-in and move-out photos or video, timestamped.
• The signed lease and any move-in condition checklist.
• Proof of your written forwarding address and the date you sent it — in West Virginia this is often decisive.
• Every text and email with the landlord about the deposit or the condition of the unit.
• Receipts for cleaning or repairs you paid for yourself.

Easy Legal AI's Case Files tool timestamps and hash-seals each of these as you add it, so the packet you bring to court is organised and tamper-evident rather than a phone roll you scroll through at the podium.

West Virginia small claims — the Magistrate Court — hears claims up to $10,000. That ceiling comfortably covers most deposits even after the statutory multiplier, which is why deposit cases are the single most common thing on a small claims docket.

You do not need a lawyer. You need the lease, the photos, the proof of your forwarding address, your demand letter, and proof the landlord received it. Filing fees are typically modest and recoverable if you win. Check the limits in every state if your landlord is out of state.

• The property address and the dates of your tenancy.
• The deposit amount and the date you surrendered the unit.
• The date the 60 days, or 45 days after re-renting — whichever is earlier window expired, calculated explicitly.
• A citation to W. Va. Code § 37-6A-2 and the penalty it authorises.
• A specific payment deadline — 7 to 14 days is standard — and a delivery address.
• A statement of what you will do next, and nothing you will not actually do.