Tenant Sued by Landlord in West Virginia Magistrate Court — How to Respond

Your former landlord filed a civil complaint in West Virginia Magistrate Court claiming you owe money — unpaid rent, property damage beyond normal wear and tear, or deductions from a security deposit you never agreed with. You may have already moved to a different county or even out of state, but the lawsuit is real and the deadline to respond is firm.

First: Confirm It Is a Money Claim, Not an Eviction

This matters because the deadlines are different. A standard civil complaint for money (filed on Form SCA-M207) gives you 20 calendar days to respond. A Petition for Summary Relief regarding wrongful occupation of a rental property gives you only 5 court days and follows an entirely different process.

Check the document title on your summons. If it says "Civil Complaint," this guide applies. If it references wrongful occupation or unlawful entry and detainer, contact Legal Aid of West Virginia at 1-866-255-4370 immediately — that is an eviction proceeding with emergency timelines.

File Your Answer

Complete Form SCA-M225 and file and serve it within 20 calendar days of your service date. If you have moved away from the county, you can mail the form — but it must physically arrive at the clerk's office before the deadline. Postmarks do not count.

Mail a copy to the landlord (or their attorney) and complete the Certificate of Service section at the bottom of the form.

Gather Your Evidence

Landlord-tenant disputes often come down to documentation. Start collecting:

• Your lease agreement — the original signed lease establishes what was agreed regarding deposits, move-out procedures, and tenant obligations
• Move-in and move-out photos — time-stamped photos showing the condition of the unit when you moved in and when you left
• The landlord's itemized deduction list — West Virginia law generally requires landlords to provide a written list of deductions within 60 days after the tenancy ends or 45 days after a new tenant moves in, whichever comes first. A limited 15-day extension applies when damage exceeds the deposit and a third-party contractor is needed, with notice to the tenant within the original period. If the landlord never sent the list, that is relevant to your defense.
• Rent payment records — bank statements, money order receipts, Venmo/Zelle records, or cancelled checks showing what you paid
• Repair requests — texts, emails, or letters where you reported maintenance problems the landlord failed to address
• Your forwarding address notification — if you gave the landlord a forwarding address for the deposit return, proof of that matters

Print three copies of everything for court — one for the magistrate, one for the landlord, and one for yourself.

Consider a Counterclaim for Your Deposit

If the landlord kept your security deposit without proper justification, you may have a counterclaim. You can assert it on the same Form SCA-M225, in the counterclaim section. There is no filing fee.

Common counterclaim bases in landlord-tenant cases include: unreturned deposit, deposit deductions for pre-existing damage, and deductions for normal wear and tear that the landlord treated as damage.

The Hearing

The clerk will schedule a trial and mail you notice at least 21 days in advance. Even if you no longer live in the county, you must attend or arrange for a permitted agent to appear; do not ignore the hearing. Bring your organized evidence, be prepared to explain your side clearly, and let the documents support your case.

If the landlord cannot prove the damages they claimed or failed to follow proper deposit procedures, the magistrate may reduce or deny their claim entirely.

The West Virginia Small Claims Response Guide covers landlord-tenant response scenarios in detail, including the security deposit timeline, how to organize your evidence, and what to expect at the hearing.

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