If you owe back rent or you have damaged your apartment beyond "normal wear and tear", your landlord may deduct those costs from your security deposit. The Landlord can also deduct for storing or disposing of your unclaimed property. If you owe your landlord more than the amount of your security deposit, they may sue you in court. On the other hand, if you owe them  less, they must return all or part of your security deposit.

The landlord can charge for the cost of fixing damages which are beyond "normal wear and tear." Examples of these damages are kid's crayon art on the walls, broken windows, holes in the walls, or leaving trash or other items that have to be thrown away. If you made the apartment so dirty that it is unhealthy or unsafe, the landlord can deduct for the cost of making it livable again.

Suppose your apartment is damaged by a storm, a fire or a vandal, or some other cause that is not your fault. Tell your landlord right away. He cannot charge you for the repairs if you or your guests did not cause the damage. It is also a good idea to make a police report.

See RentLaw.com guide to Normal Wear and Tear

If you break your lease the landlord must make “reasonable efforts” to try to re-rent your apartment as soon as she knows you have moved out. If they re-rent your apartment right away, the landlord can only charge you for the time you were actually there, plus the additional time it took her to find a new tenant. For example, your rent is $500 a month and you moved out on the 10th day of the month. Your landlord re-rents the apartment on the 15th of the month. You owe half a month's rent for the ten days you were there and the 5 extra days it took her to rent the place again. Your landlord may charge you reasonable expenses for re-renting the apartment if you did not give the right notice.

If you have a written lease, read it. If the lease specifies a deadline, then that's the time frame the landlord must meet.

Otherwise, there is no specific deadline under WV law for refund of a security deposit in a lease. If you do not have a written lease, or if your lease does not say anything about when the deposit is refunded, then your landlord has a "reasonable time." What is “reasonable” can depend on the circumstances.

Your landlord has a reasonable time to (1) refund your deposit, or (2) explain why he is not giving some or all of it back. Give your old landlord your new address or make sure your mail is being forwarded so that you will get the letter

If the landlord has not sent you a letter or refund within a reasonable time, you should contact them to ask for the refund. It is best to do this in a written letter sent by “certified mail, return receipt requested.” This way you can prove to a court later that you took reasonable steps to solve the problem before going to court.

Your letter to the landlord asking about the refund should include the following information:

     Your name;

     The address of the property that you rented from the landlord;

     The date that you gave him notice you would be leaving;

     The date that you actually vacated the rental unit; and

     An address where the landlord can send you deposit refund.

If your landlord doesn't refund the deposit after a reasonable time you can:

      Sue your landlord yourself in Magistrate Court.

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