Landlord kept your deposit in West Virginia? Find your next step.
No refund, only part of your money back, or charges you disagree with? Start with what you received, then build a response using your records and West Virginia law.
Analysis free · Full case package $29-$49, one time · mailing optional
The deadline check is optional. See what you get
What do you need help with?
Open the situation that fits. Each route gives you something to check, something to keep, and a next step.
I received nothingNo refund and no list of deductions.
Check the trigger, then the date. Deposit plus written itemization due within the 'applicable notice period': 60 days after termination or 45 days after a new tenant moves in, whichever is shorter; 15 extra days for third-party contractor repairs exceeding the deposit (with written notice). Federally assisted tenancies: 30 days per Legal Aid WV.
Keep: your deposit payment, move-out or key-return record, forwarding-address notice and any earlier written request. These establish the timeline behind your demand.
Analyze my missing refund - free →I received part of my depositSome money came back. Find out what explains the difference.
Reconcile the refund. Compare the original deposit, what was returned and each deduction. Separate charges you accept from charges you dispute.
Check the amount they kept - free →Enter the refund and deductions in the case builder. You do not need a separate worksheet first.
The West Virginia accounting rule: Deposit minus deductions must come with a written itemization of damages and charges (§ 37-6A-2(a)); permitted deductions include unpaid rent and late fees, damage beyond reasonable wear, unpaid utilities, and removal/storage costs.
Keep: the refund record, deduction list and notice envelope or delivery record. If money is still unexplained, identify that gap in your written request.
I disagree with the deductionsYou have a charge list, whether or not a refund arrived.
Respond to the specific charges. Note each amount, why you dispute it, and which photo, message or record supports your position. Check the notice instructions above before choosing how and when to reply.
Check my deductions - free →The records rule in West Virginia: No receipts requirement; the contractor-repair extension itemization must state damages and repair costs.
No move-in photos? Use an inventory checklist, inspection report, dated repair request, messages or witness accounts to explain the condition.
I already sent a demandThe landlord has not paid, or the dispute is still unresolved.
If an extension is claimed, retain its written notice and check the statutory conditions. Federally assisted housing may have different requirements.
See the West Virginia court route →Keep: your sent demand, delivery record and any reply. Use the court guide to check where to file, which forms to use, and the filing and service costs.
Turn the dispute into a documented demand
- Free: understand your dispute
- Add your refund, charges and records. Get a charge-by-charge analysis of the deposit rules and potential remedies under W. Va. Code § 37-6A-2.
- Optional: your case documents, $29-$49
- Your demand letter, damages summary and evidence checklist, ready to review and send with your records. Mailing is optional and costs extra.
One charge, backed by a reason and records
Fictional West Virginia example. Assumes coverage under the cited law; not a customer outcome.
- The charge
- Repainting ordinary wall scuffs: $900
- Records to attach
- move-in photos and move-out photos
Open PDF ↗In the generated letter
Ordinary wear and tear - not deductible. Repainting after a tenancy is ordinary wear and tear unless the walls were damaged beyond normal use (large holes, unauthorized colors). Dated move-in and move-out photos help distinguish ordinary wear from tenant-caused damage.
Prefer to write it yourself? Use the free West Virginia letter template.
Before you call the refund late
Deposit plus written itemization due within the 'applicable notice period': 60 days after termination or 45 days after a new tenant moves in, whichever is shorter; 15 extra days for third-party contractor repairs exceeding the deposit (with written notice). Federally assisted tenancies: 30 days per Legal Aid WV.
W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 ↗Deposit statute reviewed August 2026. Review dates refer to the cited rules.
Check the return timeline
Optional date estimate. Read the start conditions above; a passed date alone does not establish a violation. Your date and deposit amount carry into the free analysis.
Already know the dates? Go straight to the refund and charges.
Continue to my free analysis →Questions before your next step
What should I do first if my landlord kept my deposit in West Virginia?
Check the statutory deadline. Deposit plus written itemization due within the 'applicable notice period': 60 days after termination or 45 days after a new tenant moves in, whichever is shorter; 15 extra days for third-party contractor repairs exceeding the deposit (with written notice). Federally assisted tenancies: 30 days per Legal Aid WV. Save your move-out records, any refund and the itemized statement. Compare them with the deadline and deduction rules below.
Do I need a lawyer to get my deposit back in West Virginia?
You can write a demand yourself. If you consider a court claim, magistrate court (limit: $20,000) is designed for self-represented tenants - filing fees run $30-$50, with fee waivers available.
What happens if my landlord doesn't return my security deposit in 45 or 60 days in West Virginia?
Willful or bad-faith noncompliance entitles the tenant to the unreturned deposit plus 1.5x the amount wrongfully withheld (§ 37-6A-5(a)); failure to itemize forfeits the right to withhold per WVU Student Legal Services.
What can I ask to recover in a West Virginia deposit dispute?
The unreturned deposit + damages for annoyance/inconvenience equal to 1.5x the amount wrongfully withheld - only for willful or bad-faith noncompliance, with any rent owed credited against the award (§ 37-6A-5). Total exposure 2.5x the withheld amount.
Read the full West Virginia deposit-law guide for the return, deduction and remedy rules.