West Virginia Security Deposit Demand Letter
Direct answer
In West Virginia, the landlord must return the deposit within 60 calendar days (default notice-period branch under § 37-6A-1(7)(A); the period is the shorter of 60 days after termination or 45 days after a subsequent tenant occupies) or 45 calendar days (alternative notice-period branch under § 37-6A-1(7)(B); applies when this is shorter than 60 days after termination) or 15 calendar days (damages exceed security deposit and require third-party contractor; landlord must give the exceed-deposit notice within the applicable notice period first). The deadline is measured from this trigger: 60 calendar days (default notice-period branch under § 37-6A-1(7)(A); the period is the shorter of 60 days after termination or 45 days after a subsequent tenant occupies): after termination of the tenancy; 45 calendar days (alternative notice-period branch under § 37-6A-1(7)(B); applies when this is shorter than 60 days after termination): after occupation of the premises by a subsequent tenant; 15 calendar days (damages exceed security deposit and require third-party contractor; landlord must give the exceed-deposit notice within the applicable notice period first): additional period after the applicable notice period, when landlord gave timely written notice that third-party contractor damages exceed the deposit. The verified state formula is if landlord fails to comply with article and noncompliance is willful or not in good faith: tenant entitled to judgment for (1) amount of any unreturned security deposit and (2) damages for annoyance or inconvenience equal to 1.5 times the amount wrongfully withheld (credited against rent if tenant owes rent) under W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5.
Key facts
| Deadline | 60 calendar days (default notice-period branch under § 37-6A-1(7)(A); the period is the shorter of 60 days after termination or 45 days after a subsequent tenant occupies); trigger: after termination of the tenancy |
|---|---|
| Deadline (branch 2) | 45 calendar days (alternative notice-period branch under § 37-6A-1(7)(B); applies when this is shorter than 60 days after termination); trigger: after occupation of the premises by a subsequent tenant |
| Deadline (branch 3) | 15 calendar days (damages exceed security deposit and require third-party contractor; landlord must give the exceed-deposit notice within the applicable notice period first); trigger: additional period after the applicable notice period, when landlord gave timely written notice that third-party contractor damages exceed the deposit |
| Penalty formula | if landlord fails to comply with article and noncompliance is willful or not in good faith: tenant entitled to judgment for (1) amount of any unreturned security deposit and (2) damages for annoyance or inconvenience equal to 1.5 times the amount wrongfully withheld (credited against rent if tenant owes rent) |
| Bad faith required | Yes |
| Itemization required | Yes |
| Interest on deposit | No |
| Maximum deposit | No statutory maximum under Article 6A. (Aggregators claiming one- or two-month caps are not supported by the verified code text.) |
| Forwarding address required | No |
| Small claims limit | $20,000 (Magistrate Court civil (W. Va. Judiciary site; Nolo cites § 50-2-1 at $20,000; older sources still say $10,000)) in Magistrate Court (or Circuit Court per § 37-6A-5) |
| Statute citation | W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 |
Statute says
Upon termination of the tenancy and within the applicable notice period, any security deposit held by the landlord, minus any deductions for damages or other charges, shall be delivered to the tenant, together with a written itemization of any such damages or other charges as provided in subsection (c). ... In the event that damages to the premises exceed the amount of the security deposit and require the services of a third party contractor, the landlord shall give written notice to the tenant, advising him or her of that fact, within the applicable notice period. If notice is given as prescribed in this subsection, the landlord shall have an additional fifteen day period to provide an itemization of the damages and the cost of repair.
What this means
Read the deadline, trigger, and penalty together before sending a letter. Match the dates in your documents to the trigger listed above, then cite W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 and request the deposit amount supported by your records.
Worked example
Use your actual deposit amount when you write the letter. For context, median rent in West Virginia is $872 according to U.S. Census Bureau QuickFacts, American Community Survey 2020-2024 5-Year Estimates data as of .
- Kanawha County: $906
- Berkeley County: $1,233
- Monongalia County: $987
- Cabell County: $923
Example demand basis: a deposit equal to the state median rent starts at $872 before applying the state formula: if landlord fails to comply with article and noncompliance is willful or not in good faith: tenant entitled to judgment for (1) amount of any unreturned security deposit and (2) damages for annoyance or inconvenience equal to 1.5 times the amount wrongfully withheld (credited against rent if tenant owes rent).
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Kanawha | Kanawha County Magistrate Court, Charleston | $20,000 | Confirm current filing and service fees with the magistrate court clerk. | Not verified | Court site |
| Berkeley | Berkeley County Magistrate Court, Martinsburg | $20,000 | Confirm current filing and service fees with the magistrate court clerk. | Not verified | Court site |
| Monongalia | Monongalia County Magistrate Court, Morgantown | $20,000 | Confirm current filing and service fees with the magistrate court clerk. | Not verified | Court site |
| Cabell | Cabell County Magistrate Court, Huntington | $20,000 | Confirm current filing and service fees with the magistrate court clerk. | Not verified | Court site |
Free West Virginia template, built from verified state data
I am requesting the return of my security deposit. The verified West Virginia data for this page lists a 60 calendar days (default notice-period branch under § 37-6A-1(7)(A); the period is the shorter of 60 days after termination or 45 days after a subsequent tenant occupies) or 45 calendar days (alternative notice-period branch under § 37-6A-1(7)(B); applies when this is shorter than 60 days after termination) or 15 calendar days (damages exceed security deposit and require third-party contractor; landlord must give the exceed-deposit notice within the applicable notice period first) return window and cites W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5.
Before you send
- Collect your lease, deposit receipt, and move-in records.
- Save photos, videos, and messages about move-out condition.
- Write down the move-out date you can prove.
- Confirm the forwarding address you gave the landlord.
- Send by certified mail when appropriate, and keep a copy of the final letter and delivery proof.
When this letter will NOT work
- The dispute is not about return of a security deposit.
- You need urgent court relief instead of a demand letter.
- You cannot identify the landlord or property manager to contact.
- Your documents point to a different state or a different kind of claim.
Typical mistakes
- Sending a letter before organizing the documents that prove the timeline.
- Demanding an amount that does not match the payment records.
- Leaving out the forwarding address or preferred response method.
- Mixing repair complaints into a deposit letter without separating the issues.
FAQ
Does Charleston have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable West Virginia law and local rules.
Does Huntington have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable West Virginia law and local rules.
Does Morgantown have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable West Virginia law and local rules.
Does Parkersburg have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable West Virginia law and local rules.
Can I use this if I do not know the exact deposit amount?
Use the amount shown in your lease, receipt, or move-in records. If records conflict, keep copies and avoid guessing in the letter.
Should I send evidence with the first letter?
Attach copies when they prove the basic facts, such as payment, move-out condition, forwarding address, or prior messages.
Can this page replace legal advice?
No. This page is self-help information for organizing a demand letter and checking the cited data before you act.
City data on this page currently includes Charleston, Huntington, Morgantown, Parkersburg, Wheeling, Martinsburg, Weirton, Fairmont.
Tenant resources
- Legal Aid of West Virginia - Security Depositslegal aid, 866-255-4370
- West Virginia Free Legal Answerslegal aid
- West Virginia Attorney General - Consumer Protectionag consumer in Charleston, 800-368-8808
- West Virginia Judiciary - Magistrate Courtscourt self help