Suing for a Deposit in West Virginia: $20,000 Limit, 1.5x Damages

By Steve Levine · Updated November 3, 2026

Short answer: West Virginia has no separate small claims court, so a West Virginia security deposit lawsuit is filed in magistrate court, which hears civil claims up to $20,000 under W. Va. Code § 50-2-1, in the county where the rental is located. If the landlord’s violation was willful or not in good faith, § 37-6A-5(a) awards the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld.

The deadline you are measuring against is unusual. West Virginia uses whichever comes first: 60 days after the tenancy ends, or 45 days after a new tenant moves in. If the landlord re-rents quickly, the clock can run out well before day 60, and many landlords miss that.

West Virginia Deposit Lawsuit Basics

Rule	West Virginia	Statute
Return deadline	60 days after tenancy ends or 45 days after a new tenant occupies, whichever is shorter	§ 37-6A-1(7); § 37-6A-2(a)
Contractor extension	15 more days if notice given within the period	§ 37-6A-2(c)
Penalty (willful or bad faith)	Unreturned deposit + 1.5x the amount wrongfully withheld	§ 37-6A-5(a)
Where to sue	Magistrate or circuit court in the county where the rental is	§ 37-6A-5(b)
Magistrate court limit	$20,000, exclusive of interest and costs	§ 50-2-1
Appeal	Notice within 20 days of judgment	Magistrate Court appeal guide

Working Out the Landlord’s Deadline

Under § 37-6A-2(a), the deposit minus any deductions must be delivered with a written itemization “within the applicable notice period.” Section 37-6A-1(7) defines that period as within 60 days of the end of the tenancy or within 45 days of a subsequent tenant occupying the premises, whichever is shorter. Ask neighbors or check listings to learn when the next tenant moved in.

There is one built-in extension. If damage exceeds the deposit and needs a third-party contractor, § 37-6A-2(c) requires written notice to you within the notice period, and the landlord then has 15 more days to itemize damage and repair costs. No notice, no extension.

Deductions are limited by § 37-6A-2(b) to rent and agreed late charges, damage from your noncompliance less reasonable wear and tear, tenant utilities the landlord paid, reasonable removal and storage of your belongings, and other charges in the lease. The landlord’s successor is bound too: under § 37-6A-2(e), whoever holds the landlord’s interest when the tenancy ends must return the deposit.

Before Filing: A Written Demand

Article 6A does not require a demand letter before you sue. But the penalty turns on whether the noncompliance was “willful or not in good faith,” and a landlord who ignores a polite written request with your photos attached has a harder time claiming good faith. Our demand letter guide covers the format. Mention § 37-6A-5 and the date the notice period ran out.

Do not try to use the deposit as your last month’s rent. Section 37-6A-2(d) says nothing in that section entitles you to an immediate credit of the deposit against unpaid rent.

Filing a West Virginia Security Deposit Lawsuit in Magistrate Court

Magistrate courts hear civil actions where the amount in controversy, exclusive of interest and costs, is not more than $20,000, under § 50-2-1; the West Virginia Judiciary describes the same limit. Article 6A adds a venue rule: under § 37-6A-5(b), deposit suits go to magistrate or circuit court in the county where the rental premises are located, even if you have since moved.

Legal Aid of West Virginia’s filing guide explains that the sheriff’s office delivers your complaint to the defendant, and that you can ask the magistrate clerk for a Fee Waiver Form if you cannot afford the filing fee.

Filing costs set by statute

Magistrate court civil costs are fixed by § 50-3-1 and collected in advance. Subsection (a) charges $30 for claims of $500 or less, $35 for more than $500 up to $1,000, $40 for more than $1,000 up to $2,000, and $50 above $2,000. Subsection (g) adds $20 for filing and trying any civil action. Service by the sheriff is billed separately, so ask the magistrate clerk for the total before you file. Costs are reflected in the judgment, so a winning tenant can recover them.

What You Can Win

Under § 37-6A-5(a), if the landlord’s noncompliance with any part of Article 6A was willful or not in good faith, you are entitled to judgment for:

the amount of any unreturned security deposit; and
damages for annoyance or inconvenience equal to one and a half times the amount wrongfully withheld.

If you owe rent, the court credits the award against that rent. The statute does not mention attorney fees, and § 37-6A-5(c) preserves remedies under other law. For the line between damage and ordinary aging, read our wear-and-tear guide.

Evidence Checklist

The lease, the deposit receipt, and the move-out date.
Evidence of when a new tenant moved in, if earlier than day 15 after you left.
The itemization, the envelope, and any contractor notice.
Before-and-after photos.
Your demand letter and the landlord’s reply, or proof that none came.

Worked Example: A Charleston Duplex

Logan pays a $1,000 deposit on a Charleston duplex and moves out March 31, 2026. A new tenant moves in April 20. The 60-day period would end May 30, and 45 days after April 20 is June 4, so the shorter deadline is May 30. On May 28 Logan receives $400 and a note keeping $600 to “repaint,” with no itemization and no contractor notice.

The paint was five years old and Logan has photos showing no damage. If the magistrate finds the landlord acted willfully or not in good faith, § 37-6A-5(a) awards the $600 unreturned deposit plus 1.5 times $600, or $900, for $1,500 in total. Logan files in Kanawha County magistrate court; for a $1,500 claim, § 50-3-1 sets $40 under subsection (a) plus $20 under subsection (g).

Judgment, Appeal and Collection

The Judiciary’s magistrate court appeal guide says a notice of appeal generally must be filed within 20 days after judgment, and the circuit court may allow a late appeal up to 90 days after judgment for good cause. The appealing party must post an appeal bond and pay a circuit court filing fee. When a magistrate tried the case without a jury, the appeal is a trial de novo before the circuit court under § 50-5-12.

If the landlord does not pay, magistrate courts handle enforcement. Section 50-3-1(b) lists the tools by name, execution, suggestion, garnishment and suggestee execution, at $5 per enforcement service. Ask the magistrate clerk for the forms once the appeal period ends.

Article 6A does not set its own limitations period. File while the dates are easy to prove.

Frequently Asked Questions

Does a new tenant moving in shorten my landlord’s deadline in West Virginia?

Yes. The notice period in § 37-6A-1(7) is 60 days after the tenancy ends or 45 days after a subsequent tenant occupies the unit, whichever is shorter. A quick re-rental can bring the deadline forward.

Is the penalty in West Virginia double damages?

No. Section 37-6A-5(a) awards the unreturned deposit plus 1.5 times the amount wrongfully withheld, and only when the violation was willful or not in good faith.

Can I sue in the county where I live now?

Not under Article 6A. Section 37-6A-5(b) places jurisdiction in magistrate or circuit court in the county where the rental premises are located.

What does it cost to file in magistrate court?

Section 50-3-1 sets the base fee from $30 to $50 depending on the amount sought, plus a $20 fee under subsection (g), with sheriff service extra. A fee waiver is available from the clerk if you qualify.

How long does my landlord have to appeal?

Generally 20 days after judgment, according to the Judiciary’s appeal guide, with possible late appeals up to 90 days for good cause.

This is general information about West Virginia law and is not legal advice. Legal Aid of West Virginia and LSC’s get legal help page can point you to free assistance. Your next step: find out when the next tenant moved in, calculate the shorter deadline, and send your demand the day after it passes. See our West Virginia security deposit law page and compare states on the deposit lawsuit hub.

Sources

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