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Home » US Law » 2022 West Virginia Code » Chapter 37. Real Property » Article 6A. Residential Rental Security Deposits

§37-6A-1. Definitions

When used in this article, unless expressly stated otherwise: (1) "Action" means recoupment, counterclaim, set off or other civil suit and any other proceeding in which rights are determined, including without limitation actions for possession, rent, unlawful detainer, unlawful entry and distress for rent.

§37-6A-2. Security Deposits

(a) Upon termination of the tenancy and within the applicable notice period, any security deposit held by the landlord, minus any deductions for damages or other charges, shall be delivered to the tenant, together with a written itemization of any such damages or other charges as provided in subsection (c). (b) Upon termination of the […]

§37-6A-3. Maintenance of Records by Landlord

The landlord shall: (1) Maintain and itemize records for each tenant of all deductions from security deposits provided under this article which the landlord has made by reason of a tenant's noncompliance with the rental agreement for one year after the termination of the tenancy; and

§37-6A-4. Prohibited Provision in Rental Agreements

A rental agreement may not contain a provision that the tenant agrees to waive or forego rights or remedies under this article. A provision prohibited by this section included in a rental agreement is unenforceable. If a landlord brings an action to enforce any of the prohibited provisions, the tenant may recover actual damages sustained […]

§37-6A-5. Landlord's Noncompliance

(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

§37-6A-6. Application and Effective Date of This Article

(a) The provisions of this article shall apply to all residential rental premises or units used for dwelling purposes. (b) The provisions of this article do not apply to agreements for the payment of security deposits entered into prior to the effective date of this article.