W. Va. Code §§ 37-6A-1 to 37-6A-6 § 37-6A-5
Landlord's noncompliance.
Operative Text
(a) If a landlord fails to comply with any of the provisions of this article, and such noncompliance is willful or not in good faith, the tenant is entitled to a judgment for: (1) The amount of any unreturned security deposit; and (2) Damages for annoyance or inconvenience resulting from the landlord's nonconformance equal to one and a half times the amount wrongfully withheld, unless the tenant owes rent to the landlord, in which case, the court shall order an amount equal to any amount awarded to the tenant pursuant to this subsection to be credited against any rent due to the landlord. (b) Jurisdiction for any civil action brought pursuant to this article shall be in magistrate court or circuit court in the county where the residential rental premises or units are located. (c) This section does not limit rights or remedies available to a landlord or tenant under any other law.
West Virginia Code § 37-6A-5 establishes consequences when a landlord willfully or in bad faith fails to follow the security deposit rules set out in Article 6A. Under this provision, a tenant may be entitled to recover not only the unreturned deposit itself but also an additional damages amount equal to one and a half times whatever was wrongfully withheld — though any award can be offset against unpaid rent the tenant owes. Civil actions under this section are heard in magistrate or circuit court in the county where the rental property is located, and the section does not foreclose other legal rights either party may have.
Plain English — not legal advice.
Property owners and managers operating under West Virginia Code § 37-6A-5 generally ensure that all security deposit handling — collection, holding, itemization, and return — is carried out in strict accordance with Article 6A and documented carefully. Because the penalty provision is triggered by willful or bad-faith noncompliance, maintaining clear records of deductions and timely returning deposits (or providing proper written accounting) is a standard practice among compliant operators. Operators should also be aware that any damages awarded to a tenant under this section may be offset by rent the tenant owes, but that offset does not eliminate exposure to the one-and-a-half-times multiplier on wrongfully withheld amounts.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under West Virginia Code § 37-6A-5, tenants whose landlords willfully or in bad faith fail to comply with Article 6A's security deposit rules may have the right to pursue a civil claim for the unreturned deposit plus damages of one and a half times the amount wrongfully withheld. Such claims can be filed in magistrate court or circuit court in the county where the rental unit is located, which can make the process more accessible without requiring travel to a distant venue. Tenants exploring their options may find it helpful to contact a local tenant-rights organization or legal aid office to better understand how § 37-6A-5 applies to their circumstances and what documentation — such as move-in and move-out records and written communications with the landlord — is typically relevant to such claims.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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