West Virginia Security Deposit Return Demand Letter Template

West Virginia Code § 37-6A-2 requires your landlord to return your security deposit within 60 days. When they don’t, use our free demand letter to get your money back fast.

Demand Letter Structure

1. Sender Information
[Your full name or company name]
[Mailing address]
[Email address]
[Phone number]
2. Date
[Date the letter is sent]
3. Recipient Information
[Recipient name or company name]
[Recipient mailing address]
4. Subject Line / Re:
[Re: Security Deposit Return — Demand for Resolution]
5. Statement of Claim
[Brief statement identifying the security deposit return dispute and the parties' relationship]
6. Date(s) of Incident
[Specific date, date range, or description of when the events occurred]
7. Description of Events
[Chronological, factual account of what happened, what was agreed, and how the recipient failed to perform]
8. Contract or Legal Reference
[Citation to the contract, agreement, invoice number, or statute that supports the claim — optional but strengthens the letter]
9. Demand for Relief
[Specific demand — typically return of the security deposit, itemized where possible]
10. Response Deadline
[Number of days the recipient has to respond — typically 7, 15, or 30 days from the date of the letter]
11. Consequences of Non-Response
[Statement that, if the demand is not met by the deadline, the sender will pursue arbitration, mediation, or litigation]
12. Governing State
This dispute is governed by the laws of West Virginia.
13. Closing & Signature
[Sincerely / Respectfully,]
[Signature]
[Printed name and title]
14. Enclosures
[Supporting documents — for a security deposit return claim, typically the lease, move-in and move-out photographs, deposit receipt, written communications]
Generate a Demand Letter
Generate a Demand Letter

Template Details

Claim Category
Security Deposit Return
Governing State
West Virginia
Typical Use
Pre-litigation notice and settlement demand
Common Evidence
The lease, move-in and move-out photographs, deposit receipt, written communications

This template is provided for informational purposes only and does not constitute legal advice.

About Security Deposit Return Demand Letters

A West Virginia security deposit return demand letter is a formal notice you send to your landlord when they fail to return your deposit after your tenancy ends. Under West Virginia Code § 37-6A-2, your landlord must return your security deposit or provide a written itemization of any damages within 60 days—or within 45 days for the itemization. If they miss this deadline, you have the right to ask for the full deposit back. This letter puts your landlord on notice that you know your rights and are prepared to take legal action if necessary. In West Virginia, you can file a claim in Magistrate Court for up to $10,000 to recover what’s owed, and you may be entitled to twice the amount wrongfully withheld plus court costs. Sending a demand letter before going to court shows you made a good-faith effort to resolve the dispute and can strengthen your case.

An effective security deposit demand letter in West Virginia should clearly state the address of the rental property, the dates of your tenancy, and the amount of the security deposit you paid. Include a specific demand for the full deposit or the portion you believe was wrongfully withheld, and cite West Virginia Code § 37-6A-2 to show you’re aware of the law. Reference the evidence you can provide: your lease, move-in and move-out photographs, the deposit receipt, and any written communications with the landlord about the deposit. Give your landlord a reasonable deadline to respond—usually 10 to 14 days—and state that if they don’t comply, you will sue in Magistrate Court. West Virginia Magistrate Courts have a small claims limit of $10,000, and you can seek double damages for a willful violation. Finally, keep a copy of the letter and send it by certified mail with return receipt to prove delivery, which is critical if you later file suit.

Frequently Asked Questions

Under West Virginia Code § 37-6A-2, your landlord has 60 days after your tenancy ends to return your security deposit in full. Within 45 days, the landlord must mail you a written itemized list of any deductions for damages, along with any remaining balance. If they fail to meet either deadline, you may be entitled to sue for the full deposit, possibly double damages, plus court costs. Sending a demand letter promptly after the 60-day window closes is a strong first step to alert the landlord to their violation and begin the recovery process.

In West Virginia, the statute of limitations for breach of a written contract—which includes a lease—is 10 years under W. Va. Code § 55-2-6. Since a security deposit dispute arises from the written lease, you generally have up to 10 years from the date the deposit should have been returned to file a lawsuit. However, it’s wise to act quickly while evidence and witnesses are fresh. Sending a demand letter early in the process can lead to a faster resolution and helps document your claim timeline if litigation becomes necessary.

West Virginia’s Magistrate Courts handle small claims disputes, and the jurisdictional limit is $10,000. This means you can sue for an amount up to $10,000 without involving a higher court. Since most security deposit amounts fall well within this limit, Magistrate Court is a practical, affordable option. The process is relatively simple, and you do not need an attorney to file your claim. For most residential tenants, the full deposit plus any double damages sought will still be under the $10,000 cap, making Magistrate Court the appropriate venue.

To build a strong case, gather evidence that proves the condition of the rental unit and your deposit payment. Key evidence includes: a copy of the signed lease showing the deposit amount, the deposit receipt or canceled check, move-in and move-out photographs or videos that show no damage beyond normal wear and tear, and any written communications (texts, emails, letters) where the landlord discussed the deposit or damage claims. Citing this evidence in your demand letter demonstrates you have proof and are prepared to use it in court if the dispute escalates.

Your letter should open with your name, the rental property address, and the dates of your tenancy. State the security deposit amount and note that under West Virginia Code § 37-6A-2, the landlord was required to return it within 60 days. Clearly demand the full deposit or the specific portion you believe was wrongfully withheld, and give a reasonable deadline for payment (typically 10 to 14 days). Mention that you have evidence such as move-in/move-out photos and the lease. Warn that failure to comply will result in a lawsuit in Magistrate Court for the deposit, possible double damages, and court costs. Send the letter by certified mail.

Address the demand letter to the party named in your lease as the landlord or the entity responsible for the security deposit. This could be an individual owner, a property management company, or an LLC. If your lease lists a management company, send the letter to their office with attention to the person who handled your lease. If the landlord is an individual, use their full name and mailing address. For LLCs or corporations, include the registered agent’s name if known. Double-check your lease and any deposit receipt to identify the correct recipient, as naming the wrong entity could delay your recovery.

If your landlord ignores your demand letter, your next step is to file a lawsuit in West Virginia Magistrate Court. You will need to complete a civil complaint form, pay a filing fee (typically around $50–$100 depending on the county), and serve the landlord with the lawsuit. At the hearing, present your evidence and explain how the landlord violated W. Va. Code § 37-6A-2. If the judge rules in your favor, you may be awarded your deposit, double damages for willful noncompliance, and court costs. Having sent a certified demand letter beforehand shows you attempted to settle out of court and can strengthen your position.

Yes. Under West Virginia Code § 37-6A-2, if a landlord wrongfully fails to return your security deposit and you win in court, you may be entitled to recover double the amount withheld, plus reasonable court costs. For example, if your deposit was $1,500 and the landlord had no legal basis to keep it, the court could award you $3,000 plus filing fees and service costs. To receive double damages, you typically need to show the landlord’s violation was willful or in bad faith, so keeping thorough records and sending a clear demand letter can help.

No, you do not need an attorney to send a demand letter or to file a case in West Virginia Magistrate Court. Small claims procedures are designed for self-representation, and you can use a free template to draft your letter and complete court forms. However, if your case involves complex issues or you are uncomfortable presenting your own case, you may choose to consult a lawyer. For most security deposit disputes, tenants successfully navigate the process on their own by following the steps: demand letter, filing, and court presentation.

As soon as the 60-day deadline under West Virginia Code § 37-6A-2 passes without a deposit return or the required 45-day itemized statement, your first step should be to send a formal demand letter. Document the date the deadline expires and gather all evidence. The demand letter serves as a clear, written request for payment and signals to the landlord that you understand your rights. If you receive no response or a refusal within your set deadline, proceed to file in Magistrate Court. Acting promptly helps preserve your claim and can lead to a quicker resolution.
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