Deposits

West Virginia law does not contain any specific provisions concerning when a deposit should be returned, what it should cover, or how a tenant is notified of damage. As a result, these arrangements must be made between you and your lessor. Such arrangements should be agreed to at the beginning of you tenancy and included in written leases. If you have an oral tenancy, try to commit this agreement to writing. It could be noted on your receipt for the deposit. Always try to have the lessor agree to a specific time by which the deposit will be returned or by which he/she will tell you in writing why it is not being returned.

Whatever your deposit is named, (damage deposit or security deposit are the most common), it normally covers damages suffered by the lessor. These could also include the breaking of the lease, failure to give proper notice that you are leaving, or damages and requisite cleaning. Legally you are not responsible for ordinary wear and tear to the apartment, even if your lease says you are responsible for all damage. However, it is best to make this clear by trying to include an exception for normal wear and tear in your lease.

In order to avoid disagreement about damages to the apartment, it is best to inspect it when you first move in using a checklist. Write down everything that is damaged and to what extent, date it, and make a copy. You can have the lessor do this inspection with you, in which case you should both sign the checklist and keep copies. You also can do the inspection yourself with a witness. You may want to give a copy to the lessor.

When you move, you should follow the same procedure. If you think you may have problems, take pictures of the apartment and make a note of the date you did so.

If your lessor refuses to return your deposit and you feel his/her refusal is unjustified, you can bring a lawsuit against him/her by going to Magistrate Court. The Attorney for Students can advise you further about this. It is a good idea to precede court action with a letter to the lessor. This letter should demand return of the deposit by a certain date. Keep a copy of this letter. Sometimes a letter results in the voluntary return of the deposit. If it does not, it is helpful to make a formal plea to the lessor before going to court.

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