West Virginia Supreme Court
Arthur Deras v. Prime Capitol Properties
October 13, 2021
Summary
The West Virginia Supreme Court affirmed the circuit court's order awarding the landlord $479.48 in damages, finding that while the landlord violated the statutory delivery requirement, the violation was not willful or in bad faith and the factual findings and damage calculation were not clearly erroneous.
Holding
- Whether respondent violated West Virginia Code § 37‑6A‑2 by failing to timely deliver the itemization of damages. Respondent violated § 37‑6A‑2 but the violation was not willful or in bad faith, so no additional damages are awarded
- Whether respondent’s violation of § 37‑6A‑2 was willful or not in good faith under § 37‑6A‑5(a). The violation was not willful or in bad faith, therefore no additional damages are awarded
- Whether the circuit court’s factual findings regarding delivery dispute and damage calculations are clearly erroneous. The factual findings are not clearly erroneous
- Whether the circuit court’s calculation of damages ($479.48) is correct. The calculation is proper and not erroneous
Docket 20-0946
Cited authorities
- W. Va. Code § 37