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WVC 37 - 6 A- 5 §37-6A-5. Landlord's noncompliance.

     (a) If a landlord fails to comply with any of the provisions of this article, and such noncompliance is willful or not in good faith, the tenant is entitled to a judgment for:

     (1) The amount of any unreturned security deposit; and

     (2) Damages for annoyance or inconvenience resulting from the landlord's nonconformance equal to one and a half times the amount wrongfully withheld, unless the tenant owes rent to the landlord, in which case, the court shall order an amount equal to any amount awarded to the tenant pursuant to this subsection to be credited against any rent due to the landlord.

     (b) Jurisdiction for any civil action brought pursuant to this article shall be in magistrate court or circuit court in the county where the residential rental premises or units are located.

     (c) This section does not limit rights or remedies available to a landlord or tenant under any other law.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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