If your lease will be up soon, you’re probably wondering whether you can count on getting the security deposit back. Thankfully, there are only a few scenarios in which landlords may deduct funds from a tenant’s security deposit. If your landlord ends up violating state law by withholding the deposit for no valid reason, a seasoned lawyer can help. In the meantime, here’s what all renters should know about security deposits.

What Is the Security Deposit Supposed to Cover?

In West Virginia, landlords may charge up to one month’s rent as the security deposit. If the unit has multiple bedrooms with multiple tenants, only one tenant must pay the deposit. Once the lease ends, the landlord has 14 days to return these funds. If the tenants are behind on the rent, the landlord may use some or all of the deposit to cover the debt. Otherwise, though, there are strict limitations on deducting expenses from the security deposit.

For example, landlords cannot use these funds to clean the unit or cover reasonable wear and tear. They may only deduct expenses from it for repairing damages beyond the typical wear and tear. Examples of ordinary wear and tear include small nail holes in the walls, worn carpeting in high-traffic areas, and water stains in the showers. Damages, on the other hand, might include large holes in the walls, torn carpeting, and plumbing issues. 

What If My Landlord Withholds the Deposit Unlawfully?

If you’re all caught up on rent upon moving out and you did not leave the unit damaged in any way, you should be entitled to 100% of the security deposit. If the landlord fails to return it in full within two weeks of the termination of the lease, you may recover double the amount of the original deposit or up to two months’ rent. Since the landlord is unlikely to hand over such funds willingly, though, it’s wise to hire an attorney for help applying legal pressure.

If you’re in a dispute with your landlord over the security deposit, turn to the knowledgeable lawyers at Kratovil Law Offices, PLLC for guidance. Based in Charles Town, WV, and led by a seasoned attorney who has more than 35 years of experience, this firm is proud to represent clients throughout the Eastern Panhandle, as well as those across the state of Maryland. In addition to landlord/tenant disputes, their strategic lawyers can assist with personal injury claims, bankruptcy filings, criminal defense, wills and trusts, real estate transactions, and business litigation. To request a free consultation with a lawyer on their team, call (304) 728-7718 or reach out on their website.