Tucker County, West Virginia: Small Claims for a Security Deposit

Limits: $20,000 (Magistrate Court civil (W. Va. Judiciary site; Nolo cites § 50-2-1 at $20,000; older sources still say $10,000) only). Court: Tucker County Magistrate Court.

Filing facts

State small claims limits	$20,000 (Magistrate Court civil (W. Va. Judiciary site; Nolo cites § 50-2-1 at $20,000; older sources still say $10,000) only)
Statewide filing fee	Set by the court; call the clerk or check the court page. Official court website
E-filing	Not verified
Time limit to sue in West Virginia	5 years.
State deposit return deadline	60 calendar days after termination of the tenancy. 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. 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. damages exceed security deposit and require third-party contractor; landlord must give the exceed-deposit notice within the applicable notice period first.
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.
Deposit statute	W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5

Where to file

Tucker County Magistrate Court

Courthouse city: Parsons

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.

Official court website

Court page checked 2026-09-20

See how to file in West Virginia for the state filing procedure.

Rent and deposits in Tucker County

County median gross rent: $689 per month.

County median gross rent by bedroom count
Bedrooms	Monthly rent
1 bedroom	$354
2 bedrooms	$634
3 bedrooms	$877

Rent estimates for the other bedroom sizes were suppressed or not published by the Census Bureau.

Illustrative deposit example computed from the county median rent: one month of the Census two-bedroom median is $634; two months is $1,268. This is an example computed from the county median, not a legal cap or a survey of deposits. The calculations below use the one-month deposit of $634.

State legal maximum deposit in West Virginia: No statutory maximum under Article 6A. (Aggregators claiming one- or two-month caps are not supported by the verified code text.).

Total households in Tucker County: 2,855.

Renter households: 530 (18.6% of all households).

Renters spending more than half their household income on rent: 28.9%. A delayed deposit refund can leave these households with less money for their next rent payment.

County rent and household source: U.S. Census Bureau, American Community Survey 2019-2023 5-Year Estimates, tables B25064, B25031, B25003, B25070. Accessed 2026-09-21.

Will my deposit claim fit the limit?

Using the county Census figure: two-bedroom median gross rent for Tucker County, $634 per month.

The deposit range does not include penalties, interest, or other amounts you may claim.

Compared with $20,000 (Magistrate Court civil (W. Va. Judiciary site; Nolo cites § 50-2-1 at $20,000; older sources still say $10,000) only), the whole deposit range fits.

A claim above the applicable limit must either be reduced to that limit or go to a different court.

Towns this court serves

A deposit claim is usually filed where the property sits or where the landlord is.

Davis
Hambleton
Hendricks
Parsons
Thomas

Source: U.S. Census Bureau, 2020 Census place-to-county relationship file.

Free help in Tucker County

Legal Aid of West Virginia
Free civil legal services for eligible low-income West Virginians, including housing and eviction problems; statewide intake.
Phone: (866) 255-4370

Statewide help

West Virginia Senior Legal Aid
Free legal services for West Virginians age 60 and older, including housing problems.
Phone: (800) 229-5068

These are independent organisations, not DemandLetterLab.

From letter to filing

Send a West Virginia security deposit demand letter stating the deposit amount supported by your records.
Before you file: review the deposit return deadlines above and allow the typical response window of 60 days after your letter.
Time limit to sue in West Virginia: 5 years.
Check the court's filing instructions. Keep your lease, payment records, photos, letter, and proof of delivery ready.

This template uses West Virginia law. Your county decides where you file, not which law applies.

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Document preparation and mailing, not legal advice. We do not assess your claim, choose a strategy, or promise a recovery.

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Certified-mail instructions: what to ask for at the counter and what it costs.
West Virginia small-claims details: the limit, the deadline to sue, and where to file.

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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].

FAQ

How much does it cost to file in Tucker County?

Statewide filing fee: Set by the court; call the clerk or check the court page. Official court website

How long do I have to sue?

Time limit to sue in West Virginia: 5 years.

Where do I file?

Tucker County Magistrate Court. Courthouse city: Parsons. Check the court's instructions for the right filing location.