This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
West Virginia Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment
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Multi-State
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US-01678BG
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How to fill out Complaint In Small Claims Court For Failure Or Refusal To Return Money Deposited For Apartment?
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§37-6-30. Landlord to deliver premises; duty to maintain premises in fit and habitable condition.
Security Deposits A state law passed in 2011 now requires landlords to return damage deposits in full or send a written notice itemizing any alleged damages within sixty (60) days after the tenant moves out.
Security Deposits A state law passed in 2011 now requires landlords to return damage deposits in full or send a written notice itemizing any alleged damages within sixty (60) days after the tenant moves out.
Failure to Return the Deposit by the Landlord If you fail to return the amount within the 45 days upon tenant move-out, Virginia law states that you may face a number of charges such as meeting costs of the suit and reasonable attorney fees, as well as paying back the amount withheld.
West Virginia is a very landlord-friendly state because of the lack of rent control laws and there are very few restrictions on evictions.
Tenants may also file a complaint with the Attorney General's Consumer Protection Division if landlords fail to return damage deposits. Complaint forms may be obtained by calling the consumer protection hotline, toll-free, at 1-800-368-8808.