Landlord & Housing · free generator
West Virginia Security Deposit Demand Letter
You moved out, you left the place in decent shape, and your deposit still has not come back. In West Virginia, that is not a judgment call: under West Virginia Code section 37-6A-2 (Residential Rental Security Deposits), your former landlord generally has 45–60 days to return your deposit or send an itemized statement of deductions. This generator produces a demand letter that cites W. Va. Code § 37-6A-2 by name, states the legal deadline, and puts your landlord on notice that small claims court — where West Virginia hears claims up to $20,000 — is the next stop. You do not need perfect English or a lawyer for this; the statute does the arguing. Fill in the blanks below, send it by certified mail, and keep a copy — the letter that cites the actual law is the one that gets answered.
[Date]
[Your former landlord's name]
Re: Demand for return of security deposit — [Rental property address]
Dear [Your former landlord's name],
I am writing to formally demand the return of my security deposit of [Deposit amount] for the property at [Rental property address], which I have vacated and returned to your possession.
Under West Virginia Code section 37-6A-2 (Residential Rental Security Deposits) (W. Va. Code § 37-6A-2), you were required to return my security deposit, or provide a written itemized statement of any lawful deductions, within 45–60 days. A written itemization of any damages or other charges must be delivered personally or mailed with the deposit balance within the applicable notice period. Deductions for normal wear and tear are not permitted.
As of the date of this letter, I have received neither my deposit nor a lawful accounting for it. Please send the full amount of [Deposit amount] to my forwarding address: [Forwarding address for payment].
If I do not receive payment or a lawful written response within 10 days, I will file a claim in small claims court, where West Virginia law allows claims up to $20,000, and I will pursue every remedy available under W. Va. Code § 37-6A-2, including any statutory damages for wrongful retention.
I would prefer to resolve this without litigation. Prompt payment will close the matter.
Sincerely,
[Your full name]
Know your rights
Security deposit law in West Virginia
- Return deadline
- 45–60 days
- Governing statute
- W. Va. Code § 37-6A-2
- When the clock starts
- The deposit and itemization are due within the statutory 'notice period': 60 days after the tenancy terminates, or 45 days after a new tenant moves in, whichever is shorter (W. Va. Code § 37-6A-1(7)). If damages exceed the deposit and a third-party contractor is needed, the landlord must give notice within that period and then gets 15 extra days to itemize.
- Itemized deductions
- A written itemization of any damages or other charges must be delivered personally or mailed with the deposit balance within the applicable notice period.
- If it's wrongfully kept
- If noncompliance is willful or in bad faith, the tenant is entitled to the unreturned deposit plus damages for annoyance and inconvenience equal to 1.5 times the amount wrongfully withheld (W. Va. Code § 37-6A-5), with any award credited against rent the tenant still owes.
- Small claims limit
- $20,000 (Magistrate Court, W. Va. Code § 50-2-1; raised from $10,000 in July 2025)
Worth knowing: West Virginia's clock is unusual: re-renting the unit quickly shortens the landlord's deadline to 45 days after the new tenant moves in. There is no deposit cap, no interest requirement, and no statutory walk-through right. It is the tenant's responsibility to give the landlord an accurate forwarding address; if a mailed refund comes back undeliverable, the landlord must hold it for six months, available for pickup within 72 hours of a written request. The statute expressly routes deposit suits to magistrate or circuit court in the county where the rental sits.
Last reviewed August 2026 · General information, not legal advice · Read the statute
Field notes
Three tips before you send
- Send it by certified mail with a return receipt — that dated record is the first exhibit a West Virginia small claims judge will ask about. Keep a copy with your move-out photos and lease.
- The deposit and itemization are due within the statutory 'notice period': 60 days after the tenancy terminates, or 45 days after a new tenant moves in, whichever is shorter (W. Va. Code § 37-6A-1(7)). If damages exceed the deposit and a third-party contractor is needed, the landlord must give notice within that period and then gets 15 extra days to itemize.
- If the deadline has already passed, skip the text-message negotiation. Filing in small claims ($20,000 (Magistrate Court, W. Va. Code § 50-2-1; raised from $10,000 in July 2025)) usually costs under $75, and most landlords pay between the summons and the hearing.
Other states
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Straight answers
Questions people ask
How long does a landlord have to return a security deposit in West Virginia?
The deposit and itemization are due within the statutory 'notice period': 60 days after the tenancy terminates, or 45 days after a new tenant moves in, whichever is shorter (W. Va. Code § 37-6A-1(7)). If damages exceed the deposit and a third-party contractor is needed, the landlord must give notice within that period and then gets 15 extra days to itemize. The governing statute is West Virginia Code section 37-6A-2 (Residential Rental Security Deposits). A written itemization of any damages or other charges must be delivered personally or mailed with the deposit balance within the applicable notice period.
What can I recover if my landlord wrongfully keeps my deposit in West Virginia?
If noncompliance is willful or in bad faith, the tenant is entitled to the unreturned deposit plus damages for annoyance and inconvenience equal to 1.5 times the amount wrongfully withheld (W. Va. Code § 37-6A-5), with any award credited against rent the tenant still owes. These cases are built for small claims court — the West Virginia limit is $20,000 (Magistrate Court, W. Va. Code § 50-2-1; raised from $10,000 in July 2025), filing fees are modest, and no lawyer is needed.
Anything else West Virginia renters should know about deposits?
West Virginia's clock is unusual: re-renting the unit quickly shortens the landlord's deadline to 45 days after the new tenant moves in. There is no deposit cap, no interest requirement, and no statutory walk-through right. It is the tenant's responsibility to give the landlord an accurate forwarding address; if a mailed refund comes back undeliverable, the landlord must hold it for six months, available for pickup within 72 hours of a written request. The statute expressly routes deposit suits to magistrate or circuit court in the county where the rental sits.
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