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Can the landlord deduct payment of rent due from the security deposit in West Virginia?

Can the landlord deduct payment of rent due from the security deposit in West Virginia?

Q: What happens if I don't pay my last month's rent?

If you do not pay your last month's rent, the landlord may deduct the unpaid amount from your security deposit, as allowed under West Virginia law. Additionally, the landlord may pursue legal action for the unpaid rent, which could lead to eviction proceedings if the lease terms permit it.

Q: How many missed rent payments until eviction?

In West Virginia, there is no specific number of missed payments that automatically leads to eviction. However, if a tenant fails to pay rent as outlined in the lease agreement, the landlord can initiate eviction proceedings after providing proper notice. It's best to address missed payments promptly to avoid escalation.

Q: How many late payments before eviction?

There is no set number of late payments that leads to eviction in West Virginia. Landlords can begin eviction proceedings if rent is consistently late or if the lease specifies terms for late payments. Clear communication and adherence to the lease terms are crucial for both parties.

Q: What is the longest you can be late on rent?

In West Virginia, the longest you can be late on rent depends on the lease agreement. While there is no legal limit, landlords may have specific grace periods outlined in the lease. If rent remains unpaid beyond that period, the landlord may initiate eviction proceedings. Always check your lease for specific terms.

Full question:

My tenant didn’t pay rent for the last three months before the lease got expired. He is a nice guy so I didn’t make a fuss about it earlier. Now he says that I can deduct the rent from the security deposit. Is it legal to do so in West Virginia?

Category: Landlord Tenant
Subcategory: Security Deposit
Date: 04/07/2025
State: West Virginia

Answer:

Yes, you can deduct any unpaid rent from the security deposit and it is legal to do so. There can be deduction from the security deposit if the tenant hasn’t given rent payments or made any defaults in paying.

W. Va. Code § 37-6A-2 says:

“(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 tenancy, any security deposit held by the landlord may be applied by the landlord only to:
     (1) The payment of rent due, including the reasonable charges for late payment of rent specified in the rental agreement;
     (2) The payment of the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement, less reasonable wear and tear;
     (3) The payment of unpaid utilities that were billed to and paid by the landlord, are the obligation of the tenant under the rental agreement and unpaid by the tenant;
     (4) The payment of reasonable costs for the removal and storage of the tenant's personal property. The landlord may dispose of the stored personal property pursuant to the provisions of subdivisions (1) through (3), subsection (h), section three [§ 55-3A-3], article three-a, chapter fifty-five of this code; and
     (5) To other damages or charges as provided in the rental agreement, including but not limited to, paying for the services of a third party contractor to repair damages to the property caused by the tenant.”

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.

FAQs

What happens if a tenant stays after lease expires?

If a tenant remains in the property after the lease expires, they may be considered a holdover tenant. In West Virginia, landlords can choose to either accept rent for the holdover period, which may create a month-to-month tenancy, or initiate eviction proceedings. It's important to communicate clearly with the tenant about their status and any required actions.

What happens if I don't pay my last month's rent?

What are the rules for eviction in North Dakota?

Eviction rules in North Dakota require landlords to provide a written notice to the tenant, stating the reason for eviction. Common grounds include non-payment of rent or lease violations. After the notice period, if the tenant does not vacate, the landlord can file an eviction lawsuit in court. It's essential to follow the legal process to avoid complications.