West Virginia Rules for Security Deposits vs Damage Deposits
If you rent a home or apartment in West Virginia, it's common for landlords to ask for a security deposit before you move in. But what are the rules around these deposits—and how do security deposits compare to damage deposits in West Virginia? Knowing these details can help you protect your money and avoid misunderstandings when moving in or out.
Understanding Security Deposits in West Virginia
A security deposit is money paid by a renter to cover unpaid rent, damage beyond normal wear and tear, or other lease violations. In West Virginia, the law doesn't set a maximum amount for security deposits, so landlords can generally ask for any reasonable sum. However, they must follow strict rules when returning the deposit at the end of the tenancy.
- The deposit can be used for unpaid rent, damage beyond normal use, or other costs outlined in the lease.
- Landlords must return your deposit within 60 days after you move out (or within 45 days of the next tenant moving in, whichever is shorter).
- If any amount is withheld, the landlord must provide a written itemized list explaining the deductions.
For more information, see the West Virginia Code § 37-6A, which covers security deposit rules.
Is There a Difference Between Security Deposits and Damage Deposits?
In West Virginia, the terms security deposit and damage deposit are often used interchangeably. Legally, West Virginia law recognizes only the term "security deposit," but it covers amounts paid for both security and damages. Additional or separate damage deposits are not provided for under state law—any deposit to cover tenant obligations is treated as a security deposit and subject to the same rules.
When Can the Landlord Keep All or Part of the Deposit?
A landlord can only withhold money from your deposit for:
- Unpaid rent and late fees
- Repairs for damage above normal wear and tear
- Costs from breaking the lease early, if allowed by the lease
- Other expenses permitted by the rental agreement
Landlords cannot use your deposit for regular cleaning after normal use, or for repairs resulting from ordinary wear.
How to Get Your Security Deposit Back
To improve your chances of getting the full deposit returned:
- Give the landlord proper notice before moving out (check your lease for the required notice period).
- Document the property’s condition with photos or video during move-in and move-out.
- Provide a forwarding address in writing so the landlord can return your deposit.
If you don’t receive your deposit or an itemized statement within the lawful timeframe, you may have the right to bring a claim in your local magistrate court. West Virginia’s Magistrate Court handles small claims related to rental deposits.
Official Forms and How to Use Them
- Magistrate Court Civil Complaint Form
Use this form if your landlord fails to return your security deposit or if you disagree with the amounts withheld. You can file it with your local magistrate court. Visit the West Virginia Magistrate Court Self-Help Forms website for the latest version and filing instructions.
What to Do If You Disagree With Deposit Deductions
If you feel your deposit was unfairly withheld, you have the right to:
- Contact your landlord in writing to request clarification or dispute specific charges.
- File a civil complaint in Magistrate Court for the disputed amount.
Disputes over less than $10,000 can be addressed in small claims magistrate court without needing an attorney. Learn more on the West Virginia Magistrate Court official site.
FAQs About Security and Damage Deposit Rules in West Virginia
- How much can a landlord charge for a security deposit in West Virginia?
West Virginia does not set a legal maximum; landlords may charge any reasonable amount unless otherwise limited by your lease agreement. - When should I get my security deposit back?
The landlord must return your deposit and a written statement of deductions within 60 days after lease termination or 45 days after a new tenant moves in, whichever is shorter. - What if my landlord does not return the deposit or provide an itemized list?
You can send a written request and, if needed, file a complaint in Magistrate Court using the official civil complaint form. - Is there a special ‘damage deposit’ in West Virginia?
No. All amounts paid to cover security or potential damages are treated as a single "security deposit" under state law. - Can my security deposit be used for regular cleaning?
No. It can only be used for damage beyond normal wear and tear, not routine cleaning.
Key Takeaways for West Virginia Renters
- Security and damage deposits are treated the same under West Virginia law.
- Know your rights to a timely itemized statement and deposit return.
- You can file a complaint in Magistrate Court if you believe your rights were violated.
Understanding your rights about security deposits can help you avoid losing money unnecessarily and give you peace of mind as a renter.
Need Help? Resources for Renters
- West Virginia Magistrate Court – Handles small claims and deposit disputes
- West Virginia Code § 37-6A – Official security deposit laws
- Self-Help Forms for Renters – Official forms for court complaints
- West Virginia Lawyer Referral Service – Find legal advice or assistance
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