Writing a West Virginia Demand Letter to Your Landlord

If you’re a renter facing issues such as unresolved repairs, withheld security deposit, or rent increases in West Virginia, writing a demand letter to your landlord can be a crucial first step. Understanding how to compose this letter—and knowing your rights under state law—can help you seek a fair resolution before pursuing further action.

What Is a Demand Letter?

A demand letter is a written request outlining your concern to your landlord and what you want done about it. It becomes important if you need to show evidence of your efforts to resolve the issue before considering legal steps.

When Should You Send a Demand Letter?

Send a demand letter when communication hasn’t worked, and issues like unaddressed maintenance, unreturned security deposit, or wrongful fees persist. A well-written letter may prompt your landlord to resolve the dispute without needing to involve the courts or the West Virginia Magistrate Court (which hears landlord-tenant matters).

Key Elements to Include in Your Demand Letter

For your letter to be effective, include these main elements:

  • Your name, address, and contact information
  • The landlord’s name and address
  • A detailed description of the issue (e.g., leak in roof since April 14, 2024)
  • Reference to your lease and the relevant section, if possible
  • Your request (e.g., repair the leak by a specific date or return security deposit)
  • A reasonable response deadline (typically 7–14 days)
  • A polite but clear statement of next steps you may take if unresolved
  • Your signature and the date

Always keep copies of the letter and any related correspondence for your records.

West Virginia Tenant Law: Your Rights and Protections

West Virginia landlord-tenant relationships are governed by West Virginia Code Chapter 37, Article 6 - Residential Tenancy Law[1]. This law outlines landlord and tenant duties, deposit requirements, and procedures for disputes.

  • You have the right to a safe, habitable rental unit (see WV Code Section 37-6-30).
  • Landlords must return security deposits within 60 days of lease end or provide an itemized deduction list.
  • Rent increases typically require notice as set in your lease or per statute if unspecified.

If your rights are not honored, a demand letter can serve as essential documentation.

How to Deliver Your Demand Letter

It is best to send your demand letter by certified mail with return receipt requested or another trackable delivery method. This provides proof your landlord received your letter, which may be necessary if you go to court.

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Relevant Official Forms in West Virginia

While West Virginia does not have a mandated “demand letter” form, the state provides official sample complaint forms for landlord-tenant disputes if you must escalate matters to Magistrate Court.

  • WV Magistrate Court Civil Complaint Form (SCA-C-100)
    Use this form to file a formal complaint if your landlord ignores your demand letter. For example, if you are owed a security deposit that your landlord has not returned after your letter, you can use this form to seek court intervention.
    Download the Civil Complaint Form (SCA-C-100)

Before filing the form, you must first try to resolve the issue with the landlord—hence the importance of your demand letter.

Where to Go If the Issue Is Unresolved

If your landlord does not respond or resolve the matter after your demand letter, you may file with your local West Virginia Magistrate Court which handles residential tenancy disputes under state law.

What Happens After Sending a Demand Letter?

Ideally, your landlord responds and agrees to your request. If not, your demand letter shows the court that you acted in good faith to resolve the issue. You may then have standing to file a formal complaint.

Tip: Be specific, clear, and professional in your demand letter. Avoid threats or aggressive language, as this can undermine your efforts.

FAQ

  1. Do I need a lawyer to write a demand letter in West Virginia?
    No, most renters can draft and send a demand letter without a lawyer, though you may consult one for complicated issues.
  2. What if my landlord ignores my demand letter?
    If unresolved after your deadline, you may file a formal complaint in Magistrate Court using the official civil complaint form.
  3. How long should I give my landlord to respond?
    A reasonable deadline is 7–14 days, but check your lease for specific notice requirements.
  4. Can sending a demand letter hurt my tenancy?
    No, West Virginia law prohibits retaliation against tenants for asserting legal rights, including making complaints[1].
  5. Where can I file my complaint if needed?
    You can file with the West Virginia Magistrate Court.

Key Takeaways

  • Use a demand letter to request repairs, deposit returns, or resolve lease disputes with your landlord before legal action.
  • Keep documentation and send your letter by certified mail.
  • If your concern remains unresolved, contact the West Virginia Magistrate Court and use official forms as needed.

Need Help? Resources for Renters


  1. West Virginia Code, Chapter 37, Article 6 – Landlord and Tenant—Residential Property
Bob Jones
Bob Jones

Editor & Researcher, Renter Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.