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West Virginia Small Claims for a Security Deposit: Where to File, What It Costs, Does It Fit

In West Virginia, a security deposit claim is heard by Magistrate Court (or Circuit Court per § 37-6A-5); the court for your county is listed below. The comparable deposit claim limit varies by court. No comparable fee amount in our county data; see the official fee schedule. Pick your county, calculate your deadline, then send a dated letter.

State law last checked .

Filing facts

CourtMagistrate Court (or Circuit Court per § 37-6A-5) · Court source
Listed limits and jurisdictions$20,000 (Magistrate Court civil (W. Va. Judiciary site; Nolo cites § 50-2-1 at $20,000; older sources still say $10,000) only)
Comparable deposit claim limitAvailable sources conflict on whether the magistrate civil limit is $20,000 or $10,000.
Time limit to sue, from state data5 years; check when the claim accrued before counting from it.
Listed county filing feesNo comparable fee amount in our county data; see the official fee schedule.
E-filing0 yes, 0 no, 59 unverified among 59 listed counties
State deposit return deadline
  • 60 calendar days after termination of the tenancy. Applies when: default notice period under § 37-6A-1(7)(A); the period is the shorter of 60 days after termination or 45 days after a subsequent tenant occupies.
  • 45 calendar days after occupation of the premises by a subsequent tenant. Applies when: alternative notice period under § 37-6A-1(7)(B); applies when this is shorter than 60 days after termination.
  • 15 calendar days after additional period after the applicable notice period, when landlord gave timely written notice that third-party contractor damages exceed the deposit. Applies when: damages exceed security deposit and require third-party contractor; landlord must give the exceed-deposit notice within the applicable notice period first.
Deposit statuteW. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5

Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

Which county is the rental in?

Does your claim fit the limit?

No comparable statewide deposit claim limit is available: Available sources conflict on whether the magistrate civil limit is $20,000 or $10,000. Choose your county and confirm the applicable court limit.

From a letter to court

  1. Calculate the return date and send a letter using your own move-out date, deposit and state conditions.
  2. Keep the letter, delivery proof, lease, payment records and photos.
  3. Use your county guide and court's official instructions to check the filing location and fee.

Calculate your deadline and next letter

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Details of the return rules
West Virginia statutory deadlines
When it appliesDeadlineStarts from
default notice period under § 37-6A-1(7)(A); the period is the shorter of 60 days after termination or 45 days after a subsequent tenant occupies60 daysafter termination of the tenancy
alternative notice period under § 37-6A-1(7)(B); applies when this is shorter than 60 days after termination45 daysafter occupation of the premises by a subsequent tenant

West Virginia return rule: 60 calendar days (default notice period under § 37-6A-1(7)(A); the period is the shorter of 60 days after termination or 45 days after a subsequent tenant occupies). Check the dates you entered above.

Free West Virginia template, built from verified state data

Methodology: every statute verified against primary sources. See how verification works.

I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under West Virginia law (W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5), a landlord must return the deposit or respond in writing within [60 calendar days / 45 calendar days / 15 calendar days, see the note above] after [the event listed in the note above].

Free dated DOCX by email. Print-ready state PDF kit: $29. Letter preparation and mailing: $49.

Who do you name in the claim?

Compare the name on the lease and deposit receipt with the property record and the West Virginia Secretary of State. A registered agent receives papers for a company; it is not the defendant. Confirm the defendant with the court or legal aid.

What to bring to the clerk

  • Lease and deposit receipt or payment record.
  • Demand letter and proof of delivery.
  • Move-out photos, inventory and any itemized deductions.
  • Your calculation and the cited deposit statute.

What you can recover

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.

This is class P1, found in 36 of 51 jurisdictions. Computed from cited state records, not measured outcomes.

Statute says

If a landlord fails to comply with any of the provisions of this article, and such noncompliance is willful or not in good faith, the tenant is entitled to a judgment for: (1) The amount of any unreturned security deposit; and (2) Damages for annoyance or inconvenience resulting from the landlord's nonconformance equal to one and a half times the amount wrongfully withheld, unless the tenant owes rent to the landlord, in which case, the court shall order an amount equal to any amount awarded to the tenant pursuant to this subsection to be credited against any rent due to the landlord.

W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5

What this means

Tenant resources

FAQ

Which court handles a security deposit claim in West Virginia?

Magistrate Court (or Circuit Court per § 37-6A-5). Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

What is the deposit claim limit in West Virginia?

Available sources conflict on whether the magistrate civil limit is $20,000 or $10,000.

What is the return deadline in West Virginia?

60 calendar days (default notice period 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 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)

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