SECURITY DEPOSIT ITEMIZATION & DISPOSITION LETTER
(West Virginia – W. Va. Code §§ 37-6A-1 et seq.)
[LANDLORD LETTERHEAD]
Date: [DATE OF MAILING]
Via ☐ Certified Mail / ☐ Hand Delivery
Return Receipt Requested
[TENANT LEGAL NAME]
[TENANT FORWARDING ADDRESS]
Re: Security Deposit Accounting for [RENTAL PROPERTY ADDRESS]
Lease Dated [LEASE EFFECTIVE DATE] – Terminated [LEASE TERMINATION DATE]
I. RECITALS
- Parties. This correspondence is issued by [LANDLORD LEGAL NAME] (“Landlord”) to [TENANT LEGAL NAME] (“Tenant”) pursuant to the Residential Lease Agreement identified above (the “Lease”).
- Security Deposit. Tenant tendered a security deposit in the principal amount of $[SECURITY DEPOSIT AMOUNT] (the “Security Deposit”) at Lease commencement.
- Statutory Authority. West Virginia’s Residential Security Deposits statute, W. Va. Code §§ 37-6A-1 to -6, requires Landlord to (i) forward any refundable portion of the Security Deposit, and (ii) provide a written, itemized statement of allowable deductions, within the earlier of sixty (60) days after termination of the tenancy or forty-five (45) days of re-occupancy of the Premises by a subsequent tenant.
- Purpose. This letter constitutes Landlord’s full and final accounting of the Security Deposit and satisfaction of the itemization duty imposed by W. Va. Code § 37-6A-2.
II. DEFINITIONS
For purposes of this Itemization Letter:
“Premises” means the residential dwelling located at [RENTAL PROPERTY ADDRESS].
“Normal Wear and Tear” has the meaning ascribed in W. Va. Code § 37-6A-1(6).
All other capitalized terms have the meanings set forth in the Lease unless otherwise indicated.
III. ITEMIZED STATEMENT OF DEPOSIT DISPOSITION
| Line | Description of Charge | Basis under Lease / Statute | Amount ($) | Documentation Reference |
|---|---|---|---|---|
| 1 | Unpaid Rent for [MONTH/YEAR] | Lease § [___] | [AMT] | Rent Ledger attached as Ex. A |
| 2 | Excess Cleaning (kitchen appliances, carpeting) | Lease § [___]; Damage beyond Normal Wear and Tear | [AMT] | Invoice #[___] attached as Ex. B |
| 3 | Repairs – Wall patch/paint (BR #2) | Lease § [___]; Damage beyond Normal Wear and Tear | [AMT] | Contractor Estimate dated [DATE] attached as Ex. C |
| 4 | Utility Reconciliation (electric) | Lease § [___]; Tenant’s obligation | [AMT] | Final Bill dated [DATE] attached as Ex. D |
| 5 | Trash & Debris Removal | Lease § [___]; W. Va. Code § 37-6A-2(c)(4) | [AMT] | Disposal Receipt attached as Ex. E |
Total Allowable Deductions: $[_]
IV. CALCULATION OF BALANCE
- Original Security Deposit ……………………………………… $[__]
- LESS: Total Allowable Deductions ……………………………………… ($[__])
Net Amount Due Tenant: $[__] ☐ Refund Enclosed
OR
Balance Owed by Tenant: $[__] (see Section V)
V. PAYMENT INSTRUCTIONS (If Tenant Owes Additional Amounts)
Tenant shall remit the outstanding balance to Landlord at the address below no later than [DATE – 15 BUSINESS DAYS FROM MAILING]. Make payment by certified funds payable to [LANDLORD PAYEE NAME]. Failure to remit timely may subject Tenant to collection action, statutory interest, and reasonable attorney’s fees as allowed by law.
VI. DISPUTE PROCEDURE
If Tenant contests any deduction, Tenant must deliver a written statement of objections with supporting evidence to Landlord at the address below within fifteen (15) calendar days of receipt of this letter. Absent timely objection, this Itemization shall be deemed prima facie evidence of the condition of the Premises at surrender.
VII. RESERVATION OF RIGHTS
Nothing herein constitutes (i) a waiver of any rights or remedies available to Landlord under the Lease or applicable law, or (ii) an admission of liability regarding any matter not expressly addressed. Landlord expressly reserves all rights to pursue additional sums not presently ascertainable (e.g., latent damages or subsequently issued utility invoices) as permitted by W. Va. Code § 37-6A-2(e).
VIII. GOVERNING LAW & VENUE
This notice is governed by and shall be construed in accordance with the laws of the State of West Virginia. Any dispute arising out of or related to the Security Deposit shall be filed in the circuit or magistrate court having proper jurisdiction over the county in which the Premises is located, to the exclusion of arbitration. Nothing herein constitutes a waiver of either party’s constitutional right to a jury trial.
IX. LANDLORD CONTACT INFORMATION
[LANDLORD LEGAL NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
Phone: [PHONE NUMBER]
Email: [EMAIL ADDRESS]
X. CERTIFICATE OF SERVICE
I certify that on [DATE], I caused a true and correct copy of this Security Deposit Itemization & Disposition Letter, together with all referenced exhibits, to be served upon the above-named Tenant via ☐ certified U.S. mail, return receipt requested, ☐ hand delivery, or ☐ other agreed-upon method, at the forwarding address supplied by Tenant.
[AUTHORIZED SIGNATORY NAME]
[Title / Capacity, e.g., Property Manager]
For [LANDLORD LEGAL NAME]
[// GUIDANCE:
1. Attach all invoices, receipts, photographs, contractor estimates, and rent ledgers as numbered exhibits; maintain originals for evidentiary purposes.
2. Confirm mailing within statutory deadline—earlier of 60 days post-termination or 45 days after re-rental (W. Va. Code § 37-6A-2(a)).
3. If final utility bills are unavailable within the statutory window, issue this letter for known deductions and reserve rights per § 37-6A-2(e); follow up when amounts become determinable.
4. For corporate landlords, be sure signatory has documented authority (e.g., board resolution or management agreement).
5. Retain proof of service (USPS Form 3811 or signed delivery acknowledgment) for not less than five (5) years in anticipation of any civil action.
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