Full question:
If tenant damages to the rental property exceed the security deposit value what is recourse of landlord to collect additional funds from tenant to repair?
- Category: Landlord Tenant
- Subcategory: Repairs
- Date:
- State: West Virginia
Answer:
In West Virginia, if a tenant owes back rent or has damaged the rented apartment beyond "normal wear and tear", the landlord may deduct those costs from the tenant's security deposit. The Landlord can also deduct for storing or disposing of any unclaimed property. If the tenant owes the landlord more than the amount of the security deposit, he/she may sue the tenant in court.
The case would be brought to the small claims court if the amount of the claim is less than $5000. The claim would involve alleging breach of the lease. You'd have to document the damage and amounts to repair the damage.
Each tenant on the lease would be named as a defendant.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
