West Virginia security deposit demand letter
Ask for your deposit with the West Virginia law behind your request. Download the free PDF or Word template, or fill in your dates and figures below.
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Before sending in West Virginia
Check re-rental and any contractor extension
West Virginia generally uses the shorter of 60 days after termination or 45 days after a new tenant moves in. A specified contractor-repair situation can add 15 days with written notice.
What records should support deductions?
No receipts requirement; the contractor-repair extension itemization must state damages and repair costs.
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Choose your situation, then add your figures. No account or payment. Unfilled details stay in brackets for you to edit.
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[Your name] [Your current mailing address] [Date] [Landlord or property manager name] [Address designated for notices] SENT VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED RE: Request for return of security deposit - [rental property address] Dear [Landlord]: I vacated the property on [move-out date] and paid a security deposit of $[deposit amount]. Under W. Va. Code § 37-6A-2: 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. REQUEST Please return $[amount requested] of my deposit to the mailing address above. Please explain any deductions you maintain and provide the itemized statement and supporting records required by the applicable law. If the statutory conditions are met, under W. Va. Code § 37-6A-5, willful or bad-faith noncompliance makes you liable for the unreturned deposit plus damages equal to one and one-half times the amount wrongfully withheld. Please respond by [response date after any required notice or cure period]. This requested date does not shorten any applicable statutory notice or cure period. If this remains unresolved after the applicable requirements are satisfied, I intend to pursue the remedies available in magistrate court. Sincerely, [Your signature] Enclosures: [List the records you are actually attaching.]
Review your dates and the records behind each charge before signing. The free analysis can help you assess disputed deductions and possible additional recovery.
From a blank request to a documented demand
See what your case documents add.
The free editor fills in your facts. The analysis reviews your charges and applicable rules; your paid case documents bring together the letter, damages summary and organized evidence checklist.
One charge, made specific.
West Virginia example: repainting ordinary wall scuffs, $900. The example assumes the tenancy is covered by the cited law; no tenant result is implied.
A starting request
I disagree with the $900 charge for repainting ordinary wall scuffs. Please return that amount.
The free editor lets you add your own reasons and records.
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.
Records to attach: move-in photos and move-out photos.
State-law reference: W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 ↗The amount stays tied to the facts: $1,100 withheld - $200 in accepted charges = $900 disputed in this sample.
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See the actual PDF pages
Open PDF to zoom ↗Sample West Virginia case. Letter and exhibit pages extracted from a generated case PDF. Your letter uses your own facts and state law.
Read the complete West Virginia sample letter
Fictional West Virginia case. Generated sample, not a court outcome or a substitute for your own letter.
Maya Patel (fictional tenant)
[Fictional current mailing address]
September 08, 2026
Daniel Reed (fictional landlord)
[Fictional landlord mailing address]
SENT VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
RE: Demand for return of security deposit - [Fictional West Virginia rental address]
Dear Daniel Reed (fictional landlord):
I vacated the above rental property on August 01, 2026 and paid a security deposit of $2,000.00. Under W. Va. Code § 37-6A-2 (West Virginia Security Deposit Law), the applicable return rule is: 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.
DISPUTED DEDUCTIONS
I dispute the following deductions under W. Va. Code § 37-6A-2 for the reasons below. Please provide the records supporting each disputed charge, including the work, cost, and condition at issue. For replacement charges, explain the item's age and how you calculated the amount charged:
• Repainting ordinary wall scuffs - $900.00
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.
I do not contest the following deductions, totaling $200.00: Unpaid rent balance ($200.00).
This demand does not cancel any accepted debt. Any separate claim or counterclaim must credit amounts already paid or retained toward that debt.
DEMAND
I demand payment of $900.00, the amount improperly withheld from my deposit.
This demand is limited to the amount improperly withheld. The applicable statutory remedy is conditional: under W. Va. Code § 37-6A-5, willful or bad-faith noncompliance makes you liable for the unreturned deposit plus damages equal to one and one-half times the amount wrongfully withheld. I reserve the right to seek that remedy if its conditions are established in court.
Please deliver payment to the address above no later than September 22, 2026 (14 days from the date of this letter). This requested date does not shorten any statutory notice or cure period. If this remains unresolved after the applicable notice, service and waiting requirements are satisfied, I intend to file suit in magistrate court. I have retained dated photographs of the property's condition, the lease, our correspondence, your itemized statement, the repair receipts you provided, and this demand letter.
Sincerely,
Maya Patel (fictional tenant)
Enclosures: Evidence exhibit listSend it with a record you can use.
Include the termination date and any known re-rental date. Request the written itemization and explain the rent, utility, damage or storage charges you dispute.
W. Va. Code § 37-6A-2: return and accounting ↗What happens after sending?
If an extension is claimed, retain its written notice and check the statutory conditions. Federally assisted housing may have different requirements.
They refund some or all of it
Save the payment record and update what remains disputed. Read any settlement or release before agreeing to it.
They reject the request or explain the deductions
Match each explanation to your lease and condition records. Reply with the specific amounts and reasons still disputed.
The letter comes back or nobody responds
Keep the envelope or tracking record. Check the address and required service method before using the West Virginia filing guide. Attempted delivery may not complete statutory service.
Frequently asked questions
Which return deadline should my West Virginia letter refer to?
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. 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 penalties does West Virginia law allow if the withholding was wrongful?
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.
What happens if the landlord ignores the letter?
You can file in magistrate court (limit: $20,000; filing fees $30-$50, with fee waivers available). Check required notices, filing deadlines and the court's rules before filing.
West Virginia filing steps and court forms →