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WEST VIRGINIA SECURITY DEPOSITS
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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.
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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
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BREAKING THE
LEASE
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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.
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Returning
of the Security Deposit in West Virginia
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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
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Failure to Refund or Notify the Tenant of
Security Deposit
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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.
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Sue the Landlord in West
Virginia
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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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