West Virginia · WV

Demand letters in West Virginia.

In West Virginia, landlords must return a deposit within 60 days (or 45 days after a new tenant takes possession, whichever is earlier), and the Magistrate Court hears claims up to $10,000. Here's the law you need — and a generator that cites it for you.

By The Demand Letter Kit Team Sourced from official statutesUpdated June 1, 2026

West Virginia demand letter facts at a glance

Deposit return deadline

60 days (or 45 days after a new tenant takes possession, whichever is earlier)

Small claims limit

$10,000

Filing fee

About $30–$70

Written-contract SOL

10 years

Personal-injury SOL

2 years

Legal/judgment interest

Set annually by the court (recently around 7% per year, post-judgment).

Security deposit demand letters in West Virginia

If your former landlord is holding your deposit, West Virginia law is on your side. A landlord must return your security deposit within 60 days (or 45 days after a new tenant takes possession, whichever is earlier), along with an itemized statement of any deductions. Wrongful withholding can expose the landlord to up to 1.5× the wrongfully withheld amount plus attorney’s fees.

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Statutes of limitation in West Virginia

A demand letter doesn't pause the clock — you must file suit within these windows:

Written contracts 10 years
Oral contracts 5 years
Personal injury 2 years
Property damage 2 years

Small claims court in West Virginia

If your demand letter is ignored, West Virginia's Magistrate Court is usually the next step. It hears claims up to $10,000, with filing fees around About $30–$70. You typically don't need a lawyer, and mentioning that you're prepared to file gives your letter real weight.

West Virginia courts self-help

Good to know in West Virginia

West Virginia gives one of the longer deposit deadlines — 60 days, or 45 days after a new tenant moves in, whichever is earlier — and allows up to 1.5× the wrongfully withheld amount plus attorney’s fees. Small claims runs through the Magistrate Court up to $10,000. West Virginia’s 10-year written-contract limitations period is among the longest in the country, so older written debts may still be enforceable; its two-year tort window is much tighter.

West Virginia demand letter FAQ

How long does a landlord have to return a security deposit in West Virginia?
In West Virginia, a landlord generally must return your security deposit within 60 days (or 45 days after a new tenant takes possession, whichever is earlier). Wrongful withholding can expose the landlord to up to 1.5× the wrongfully withheld amount plus attorney’s fees. The governing statute is W. Va. Code § 37-6A-1 to § 37-6A-5.
What is the small claims court limit in West Virginia?
West Virginia's Magistrate Court hears claims up to $10,000, with filing fees of roughly About $30–$70. Most demand-letter disputes fall within this limit, which is what makes a demand letter such effective leverage.
How long do I have to sue in West Virginia?
West Virginia's statute of limitations is 10 years for written contracts, 5 years for oral contracts, 2 years for personal injury, and 2 years for property damage. Sending a demand letter does not pause these deadlines, so don't wait too long.
Do I have to send a demand letter before filing in West Virginia?
West Virginia does not always require a demand letter before suing, but sending one is strongly recommended: many courts expect it, it can resolve the dispute without filing, and it documents that you tried to settle in good faith — which helps your case if you do end up in Magistrate Court.

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