How long does a landlord in West Virginia have to return a security deposit?
The number forks on whether a new tenant moves in. W. Va. Code § 37-6A-1(7) defines the 'notice period' as the SHORTER of sixty days from the termination of the tenancy or forty-five days from the occupation of the premises by a subsequent tenant, and § 37-6A-2(a) hangs the duty to deliver the deposit and the written itemization on that period. Sixty days is therefore the outer bound; where a new tenant takes possession early enough, the real deadline is forty-five days from that occupation.
In plain terms, the statute says
Relief is not strict — § 37-6A-5(a) gives the tenant a judgment only where the landlord's noncompliance was willful or not in good faith. On that finding the tenant recovers the amount of any unreturned deposit plus damages for annoyance or inconvenience equal to one and one-half times the amount wrongfully withheld, and if the tenant owes rent the court credits that award against the rent due instead.
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Questions people ask
How long does a landlord in West Virginia have to return a security deposit?
The number forks on whether a new tenant moves in. W. Va. Code § 37-6A-1(7) defines the 'notice period' as the SHORTER of sixty days from the termination of the tenancy or forty-five days from the occupation of the premises by a subsequent tenant, and § 37-6A-2(a) hangs the duty to deliver the deposit and the written itemization on that period. Sixty days is therefore the outer bound; where a new tenant takes possession early enough, the real deadline is forty-five days from that occupation.
What happens if a landlord in West Virginia is late?
Relief is not strict — § 37-6A-5(a) gives the tenant a judgment only where the landlord's noncompliance was willful or not in good faith. On that finding the tenant recovers the amount of any unreturned deposit plus damages for annoyance or inconvenience equal to one and one-half times the amount wrongfully withheld, and if the tenant owes rent the court credits that award against the rent due instead.
Where can I read West Virginia's security-deposit law?
West Virginia's rule is in W. Va. Code § 37-6A-2. The link on this page goes to the official text, so you can read the section yourself rather than take our word for it.
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