How to Document Move-In Damage in West Virginia Rentals

Moving into a new rental home in West Virginia is exciting, but it's important to take a few careful steps to protect your security deposit and avoid future disputes over existing damage. Documenting the condition of your rental when you move in is not just a good idea—it's your first line of defense if damage claims are made at move-out.

Why Document Existing Damage Before You Move In?

West Virginia law allows landlords to deduct for damages beyond normal wear and tear from your security deposit at move-out. By recording any existing issues as soon as you take possession, you'll have proof that you were not responsible.

• Protects your security deposit
• Helps clarify what damages (if any) you are responsible for
• Establishes a clear starting condition for your tenancy

West Virginia Law on Inspections and Damage Documentation

In West Virginia, security deposits and damage disputes are governed by West Virginia Code Chapter 37, Article 6A: Security Deposits and Tenant Rights^[1]. While landlords are not legally required to provide a move-in inspection form, tenants have the right to document and communicate any existing damage in writing. Keeping a personal record is highly recommended.

What Documentation Should You Complete?

Even though there is no official statewide move-in checklist form, using a comprehensive Move-In/Move-Out Checklist is best practice.

• Write down all visible damage (e.g., stains, scratches, broken fixtures)
• Take clear date-stamped photos of every room, appliance, and surface
• Request your landlord or their agent to sign or acknowledge your findings
• Keep a copy for yourself and provide one to your landlord

Sample Checklist and How to Use It

While there is no official form in West Virginia, you can use a standard move-in checklist. For an example and template, reference the Department of Housing and Urban Development's Sample Inspection Checklist (HUD-52580-A). Customize it for your rental situation.

• Name: HUD Sample Inspection Checklist (Form HUD-52580-A)
• Use: To record conditions of floors, walls, appliances, plumbing, etc.
• Example: On move-in day, walk through the property and note a stain in the living room carpet and a cracked bathroom tile. Take photos and include these in your checklist.
• Download the HUD Sample Inspection Checklist

Best Practices for Effective Documentation

• Complete the checklist before moving your belongings in.
• Turn on lights and open windows to inspect all surfaces closely.
• Label photos with the room and date for future reference.
• Send documentation to your landlord promptly (within 3 business days, if possible), keeping a copy for yourself.

Which Agency Handles Disputes or Complaints?

Security deposit disputes in West Virginia are handled by the West Virginia Magistrate Court. This is where renters can file a claim if they believe their landlord wrongfully withheld part or all of their deposit.

What the Law Says About Security Deposits

According to the West Virginia security deposit statute, landlords have 60 days after lease termination to return your deposit, minus lawful deductions. If you have clear evidence of pre-existing damage, you are less likely to be charged unfairly.^[1]

Action Steps: How to Document Existing Damage at Move-In

• Before you bring in furniture or boxes, carefully inspect every room.
• Download and fill out a move-in inspection checklist, such as the HUD Sample Inspection Checklist.
• Take photos of all damage or wear.
• Email your completed checklist and photos to your landlord, requesting acknowledgement.
• Keep all records safe for as long as you live in the property.

1. Do I have to use a specific form to document damage?
   No, there is no official state form required, but it is best to use a detailed checklist and keep clear records. The HUD checklist is a helpful template.
2. What if my landlord won’t sign the checklist?
   You can still send your documentation by email or certified mail and retain copies as evidence. Your effort to document damage is still valid even without landlord acknowledgment.
3. How do I dispute a security deposit deduction for prior damage?
   Submit your inspection records and photos to the landlord in writing. If they do not return your deposit, you can file a claim with the West Virginia Magistrate Court.
4. When should I complete my move-in inspection?
   As soon as you receive the keys and before bringing in your own belongings, ideally on move-in day.
5. Does the landlord have to give me a copy of their own inspection?
   West Virginia law does not require the landlord to provide one, but you may request a copy for your records.

Need Help? Resources for Renters

• Legal Aid of West Virginia – Free legal help for tenants facing housing and deposit disputes.
• West Virginia Magistrate Court – Submit claims or seek information about small claims and deposit disputes.
• HUD West Virginia Renters Resources – Federal rental rights and downloadable forms.
• West Virginia Code Chapter 37, Article 6A – Full rental housing and deposit laws.

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1. West Virginia Code Chapter 37, Article 6A: Security Deposits and Tenant Rights

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