Arthur Deras v. Prime Capitol Properties

Summary

The Supreme Court of Appeals of West Virginia affirmed an order awarding Prime Capitol Properties $479.48 for damage to a rental property after crediting Arthur Deras’s $675 security deposit. The court held that, although the landlord failed to timely deliver an itemization of damages under the Residential Rental Security Deposits Act, the violation was not willful or in bad faith. The court also upheld the circuit court’s factual findings and damage calculation.

Holdings

1. Although Prime Capitol Properties violated West Virginia Code § 37-6A-2 by failing to timely deliver the itemization of damages, the violation was not willful or not in good faith; therefore, Deras was not entitled to damages under West Virginia Code § 37-6A-5(a).
2. The circuit court properly awarded Prime Capitol Properties $479.48 for property damages after crediting Deras's $675 security deposit against $1,154.48 in proven damages.
3. Issues not adequately presented to the circuit court or supported by specific citations to a complete appellate record may be disregarded, and the Court limited its review to the issues addressed by the circuit court.

Questions Presented

1. Whether Prime Capitol Properties violated West Virginia Code § 37-6A-2 by failing to timely deliver an itemization of security-deposit deductions.
2. Whether the landlord's violation of West Virginia Code § 37-6A-2 was willful or not in good faith so as to entitle Deras to statutory damages under West Virginia Code § 37-6A-5(a).
3. Whether the circuit court clearly erred in finding that Deras was responsible for the claimed rental-property damages and in awarding the landlord $479.48.
4. Whether the Supreme Court should consider additional assignments of error that were not preserved below or were unsupported by a complete appellate record.

Disposition

affirmed