H. B. 2685
(By Delegates Hunt, Seacrist and Farris)
[Introduced January 10, 1996; referred to the
Committee on the Judiciary.]
A BILL to amend article six, chapter thirty-seven of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
five-a, relating to security deposits.
Be it enacted by the Legislature of West Virginia:
That article six, chapter thirty-seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
five-a, to read as follows:
ARTICLE 6. LANDLORD AND TENANT.
§37-6-5a. Security deposits.
When a security deposit is required from a tenant prior to
the parties entering into a landlord/tenant agreement the
landlord expressly agrees, pursuant to this section, to be the
holder of the sum for escrow purposes until such time the tenant
vacates the premises. The escrowed money shall accrue three
percent per annum from the date tendered to landlord until
returned to the tenant. The only sums deductible from said security deposit shall be damages to the premises above and
beyond normal wear and tear. Failure by the landlord to return
the deposit to tenant within ten days after the tenant vacates,
upon proof by tenant of such, shall result in a ten percent of
the original deposit penalty for each day the deposit goes
unpaid up to thirty days.
NOTE: The purpose of this bill is to require landlords to
place security deposits into interest bearing escrow accounts and
pena1ties for failure of landlords to return deposits in a timely
This section is new; therefore, strike-throughs and
underscoring have been omitted.