West Virginia Security Deposit Demand Letter (W. Va. Code § 37-6A-2)
Moved out and still waiting on your deposit? A clear, written demand is usually the first step — and often the last one needed. Answer the questions below and your letter fills itself in as you type.
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[Your forwarding address]
October 15, 2026
[Landlord or property manager name]
Re: Demand for return of security deposit — [Rental address]
Dear [Landlord or property manager name],
I was a tenant at [Rental address] and moved out on [Move-out date]. At the start of my tenancy I paid a security deposit of [Deposit amount ($)]. So far none of my deposit has been returned, and I have not received an itemized statement of deductions.
Under West Virginia Code § 37-6A-2, a landlord must return the security deposit, with a written itemization of any deductions, within 60 days after the tenancy ends, or within 45 days after a new tenant occupies the unit if that is sooner. That period has now passed.
Please send [Deposit amount ($)] to me at the forwarding address above within 14 days of the date of this letter. If you believe you are entitled to keep any part of the deposit, please send a written, itemized statement of each deduction, with copies of receipts or invoices.
If I have not received the deposit or a proper itemized statement by October 29, 2026, I intend to file a claim in small claims court, where I may ask for the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld, if the landlord acted willfully or not in good faith.
I would prefer to resolve this without going to court, and I am keeping a copy of this letter and proof of mailing for my records.
Sincerely,
[Your full name]
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How security deposits work in West Virginia
West Virginia landlords must return the security deposit, minus deductions, with a written itemization, within 60 days after the tenancy ends or within 45 days after a new tenant moves in, whichever is shorter. Deductions may cover unpaid rent and late charges, damage beyond reasonable wear and tear, unpaid utilities the landlord paid, removal and storage of belongings left behind, and other charges in the lease.
If damage exceeds the deposit and needs an outside contractor, the landlord must tell the tenant in writing within the same notice period and then gets 15 more days to itemize the costs. Deposits and notices can be mailed to the last known or forwarding address, and tenants are responsible for giving an accurate address. Landlords must keep deduction records for one year and let tenants see them.
If a landlord's failure to follow the deposit law is willful or not in good faith, the tenant can recover the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld. Any rent the tenant owes is credited against the award. These cases can be filed in magistrate court in the county where the rental is located.
What to do, step by step
Fill in your details
Answer the questions above. Your letter updates live as you type, so you can check every detail before you send it.
Send it in a way you can prove
Mail the letter by certified mail with return receipt and keep the receipt. If your lease lists an email address for notices, send a copy there too.
Wait for a reply
Give your landlord the 14 days stated in the letter. For reference, West Virginia's own deadline under W. Va. Code § 37-6A-2 is 60 days after move-out.
Gather your evidence
Collect your lease, move-in and move-out photos, any inspection checklist, rent receipts and every message about the deposit.
File in small claims if needed
If the deposit still doesn't come back, you can file in small claims court (West Virginia limit: $20,000 (magistrate court)). Bring this letter and your proof of mailing.
What if the landlord ignores the letter?
Silence doesn't end the matter. Your letter creates a dated record that you asked for the deposit back and gave a reasonable deadline — exactly what a small claims judge will want to see.
In West Virginia, the rules are set out in West Virginia Code §§ 37-6A-1 to 37-6A-6. If a landlord keeps a deposit without following them, a court may award the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld, if the landlord acted willfully or not in good faith.
Small claims court is designed for people representing themselves: filing fees are modest, forms are short, and hearings are informal. In West Virginia the limit is $20,000 (magistrate court), which covers nearly every deposit dispute.
Example West Virginia security deposit demand letter
A filled-in sample with made-up details, so you can see the finished result.
Jordan Rivera
88 Pine Ave, Springfield
October 5, 2026
Oakview Property Management
500 Market St, Suite 200, Springfield
Re: Demand for return of security deposit — 123 Elm St, Apt 4B, Springfield
Dear Oakview Property Management,
I was a tenant at 123 Elm St, Apt 4B, Springfield and moved out on August 31, 2026. At the start of my tenancy I paid a security deposit of $1,800.00. So far you have returned $300.00, leaving $1,500.00 outstanding.
Under West Virginia Code § 37-6A-2, a landlord must return the security deposit, with a written itemization of any deductions, within 60 days after the tenancy ends, or within 45 days after a new tenant occupies the unit if that is sooner. That period has now passed.
I returned all keys on August 31 and took dated photos of every room, which show the unit clean and undamaged apart from normal wear and tear.
Please send $1,500.00 to me at the forwarding address above within 14 days of the date of this letter. If you believe you are entitled to keep any part of the deposit, please send a written, itemized statement of each deduction, with copies of receipts or invoices.
If I have not received the deposit or a proper itemized statement by October 19, 2026, I intend to file a claim in small claims court, where I may ask for the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld, if the landlord acted willfully or not in good faith.
I would prefer to resolve this without going to court, and I am keeping a copy of this letter and proof of mailing for my records.
Sincerely,
Jordan Rivera
Frequently asked questions
How long does a West Virginia landlord have to return a deposit?
60 days after the tenancy ends, or 45 days after a new tenant moves in, whichever comes first. The refund must come with a written itemization of any deductions, mailed or delivered to your last known or forwarding address.
Can I see my landlord's records of deductions in West Virginia?
Yes. Landlords must keep itemized records of deposit deductions for one year after the tenancy ends. Within 72 hours of a written request, they must let you inspect them or give you a copy during normal business hours.
What is the penalty for wrongfully keeping a deposit in West Virginia?
If the landlord acted willfully or not in good faith, the tenant can recover the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld. Any unpaid rent you owe is credited against that award.
Where do I sue for a deposit in West Virginia?
In magistrate court or circuit court in the county where the rental is located. Magistrate court hears civil claims of up to $20,000, not counting interest and costs, after a 2025 increase.
Do I have to send a demand letter before going to small claims?
Many courts expect you to have asked for the money first, and a written demand is the simplest proof that you did. It also resolves a large share of disputes on its own.
How should I send the letter?
Use a method that gives you proof of delivery, such as certified mail with return receipt. Keep a copy of the letter and the receipt together.
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