Can I deduct unpaid rent from the security deposit in West Virginia?

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:
  • State: West Virginia

Answer:

Yes, in West Virginia, you can deduct unpaid rent from the security deposit. According to W. Va. Code § 37-6A-2, you may apply the security deposit to:

  • The rent due, including any late payment charges specified in the rental agreement;
  • Damages suffered due to the tenant's noncompliance with the rental agreement, minus normal wear and tear;
  • Unpaid utilities that the tenant was responsible for;
  • Reasonable costs for removing and storing the tenant's personal property;
  • Other charges as outlined in the rental agreement.

Upon termination of the tenancy, you must provide the tenant with a written itemization of any deductions from the security deposit.

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

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.

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