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AttyHeather, Attorney
Category: Landlord-Tenant
Satisfied Customers: 512
Experience:  Attorney with 15 years experience
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Renter gave me security deposit and move stuff in been there

Customer Question

renter gave me security deposit and move stuff in been there 3weeks. decide wasn't staying. demand $ back without walk thur for damages? whats my rights as landlord? how long by law I can hold $ to secure any damages and extra bills concur by them? marion county,w.v.
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  AttyHeather replied 5 months ago.
Hi, My name is*****'m an attorney with 15 years vigorous courtroom practice experience, and I would like to assist you in answering your question. My response is for information and education, and not as legal advice and we do not form an attorney/client relationship.The answer depends on your written lease agreement. If it was a 6 month lease, then you are going to have unpaid rent while you try to re rent the unit. The deposit would compensate you for that.If it was month to month, then normally you would have to receive 30 days advance notice to quit the tenancy, in which case the deposit would compensate you for rent for at least 30 days after she terminated the lease.If the is no unpaid rent due and no damages (or damages do not exceed the deposit) West Virginia does have laws regarding when the security deposit must be returned (within 65 days after a tenant moves out or within 45 days of a new tenant taking possession of the property, whichever is shorter, though an additional 15 days is added if the landlord must hire a contractor to fix damage exceeding the amount of the security deposit) and sets other restrictions on deposits. I believe you may find this website especially helpful. If I have provided you with useful information, please let me know by providing me with a positive feedback score.Best,Heather S, Attorney

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