West Virginia security deposit demand letter
A demand letter that cites W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 and the 60-day deadline is the step that gets most deposits back - landlords settle when they see you know the statute. Below is a free template; the generator fills in your amounts, dates, and violations for you.
The template
Replace every [bracketed] field, print two copies, sign, and send one by certified mail with return receipt. Keep the receipt - it proves the date of your demand.
[Your name] [Your current address] [Date] [Landlord or property manager name] [Landlord's address] SENT VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED RE: Demand for return of security deposit - [rental property address] Dear [Landlord]: I vacated the above rental property on [move-out date] and paid a security deposit of $[deposit amount]. Under W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 (West Virginia Security Deposit Law), you were required to return my deposit with any lawful itemized deductions within 60 days. DEMAND I demand payment of $[amount improperly withheld], the amount improperly withheld from my deposit. Be advised that 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). Should this matter proceed to court, I will seek all damages the statute allows, plus court costs. Please deliver payment to the address above no later than [date 14 days from today]. If I do not receive full payment by that date, I will file suit in Magistrate Court without further notice. I have retained documentation of the property's condition, our correspondence, and this demand. Sincerely, [Your signature] Enclosures: [list your evidence - photos, lease, itemized statement]
A draft for you to review, edit, and sign - verify every citation against the current statute · not legal advice
A template can't check your case. The generator can.
The free analysis reviews each deduction against West Virginia's wear-and-tear rules, spots procedural violations (like a missed 60-day deadline), computes the statutory damages you can demand, and writes the letter with your numbers and the exact citations - ready to print and sign.
Build my case - free analysis →Make the letter stronger
- State a number, not a feeling. Demand a specific dollar amount and say how you got it. Vague letters get vague replies.
- Cite the statute by section. W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 tells the landlord you'll be credible in court. 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).
- Set a deadline and a consequence. 14 days to pay, then you file in Magistrate Court (handles claims up to $20,000). Then actually do it.
- Mention your evidence. Photos, the lease, texts. You don't need to attach everything - naming it is often enough to change the landlord's math.
Frequently asked questions
What should a West Virginia security deposit demand letter include?
Your move-out date, the deposit amount, the amount withheld, a cite to W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5, a specific dollar demand, a payment deadline (14 days is customary), and notice that you will file in Magistrate Court if ignored. Send it by certified mail with return receipt and keep the receipt.
Do I need a lawyer to send a demand letter in West Virginia?
No. A demand letter is a routine self-help document, and deposit disputes are exactly what small claims courts are designed to handle without lawyers. A letter that cites the statute and states a deadline is usually taken seriously on its own.
What happens if the landlord ignores the letter?
You can file in Magistrate Court (claims up to $20,000; filing fees $30-$50 tiered (fee waiver available)). Your demand letter and the certified-mail receipt become evidence that you asked first - courts expect that, and it makes wrongful withholding look deliberate.
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.