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West Virginia security deposit law

Source: W. Va. Code §§ 37-6A-1 to 37-6A-6 · Checked against the statute

Maximum deposit
No statutory limit.
Return deadline
60 days after the tenancy terminates (Unit not re-rented sooner); 45 days (see details) (A new tenant moves in); 15 days (see details) (Damage exceeds the deposit and needs a third-party contractor)
If the landlord keeps it wrongly
For willful or bad-faith noncompliance: the unreturned deposit PLUS damages equal to one and a half times the amount wrongfully withheld, so up to 2.5 times the withheld amount in total. If the tenant owes rent, the award is credited against the rent (§ 37-6A-5(a)).

Calculate your West Virginia deadline

Choose your state and move-out date to see when your landlord must return the deposit.

When the deposit must be returned

  • Return the deposit, minus deductions, with a written itemization within 60 days of termination of the tenancy, unless the 45-day rule below gives an earlier date (§§ 37-6A-1(7), 37-6A-2(a)).
  • If a new tenant occupies the unit, the deadline is 45 days after that occupancy, whenever that is shorter than 60 days from termination (§ 37-6A-1(7)).
  • If damage exceeds the deposit and needs a third-party contractor, the landlord gives written notice within the notice period. The landlord then gets 15 more days to itemize damage and repair costs (§ 37-6A-2(c)).

The deposit and notices may be delivered in person or mailed to the tenant's last known or forwarding address. The tenant is responsible for providing an accurate address. If mail comes back undeliverable, the landlord holds the deposit for six months for pickup on written request (§ 37-6A-2(g)).

Itemized list of deductions

Required: Yes. Written itemization of any damages or other charges (§ 37-6A-2(a)).

What can and can't be deducted

Damage deductions are 'less reasonable wear and tear' (§ 37-6A-2(b)(2)). The statute doesn't define the term.

Nonrefundable fees

A pet fee or application fee isn't a security deposit if the parties expressly agree in writing that it's nonrefundable (§ 37-6A-1(14)).

Interest, bank account and move-in inspection

  • Interest required: No. No statewide interest requirement.
  • Separate account required: No. No separate-account requirement. Landlords must keep itemized records of deductions for one year after the tenancy ends (§ 37-6A-3).
  • Move-in inspection required: No. No move-in inspection requirement in the deposit article.

Penalties and bad faith

For willful or bad-faith noncompliance: the unreturned deposit PLUS damages equal to one and a half times the amount wrongfully withheld, so up to 2.5 times the withheld amount in total. If the tenant owes rent, the award is credited against the rent (§ 37-6A-5(a)).

No statutory presumption. The penalty requires noncompliance that is willful or not in good faith (§ 37-6A-5(a)).

Getting your deposit back in court

Magistrate court civil jurisdiction up to $20,000, exclusive of interest and costs (W. Va. Code § 50-2-1). Deposit suits go to magistrate or circuit court in the county where the unit is (§ 37-6A-5(b)). Court information

Before filing, many tenants send a written demand first. Write a West Virginia demand letter →

Also good to know

  • Deposits may be applied only to unpaid rent and reasonable late charges, damage beyond reasonable wear and tear, unpaid utilities the landlord paid, the cost of removing and storing the tenant's property, and other charges in the rental agreement (§ 37-6A-2(b)).
  • Lease clauses that waive deposit rights are unenforceable (§ 37-6A-4).
  • A new owner is bound to return deposits owed, whether or not they were transferred (§ 37-6A-2(e)).
  • If a landlord sues to enforce a lease clause that waives deposit rights, the tenant may recover actual damages and reasonable attorney's fees (§ 37-6A-4).

Sources

Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.