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West Virginia security deposit law
Short answer: A West Virginia landlord must return the deposit with a written itemization of any deductions within 60 days after the tenancy ends, or within 45 days after a new tenant moves in, whichever comes first. State law sets no limit on the deposit amount.
| Deadline to return the deposit | 60 days after the tenancy ends, or 45 days after a new tenant moves in, whichever is shorter. If damage exceeds the deposit and needs an outside contractor, the landlord can give written notice in that window and get 15 more days to itemize. |
|---|---|
| Limit on how much a landlord can charge | No limit in state law. |
| Itemized list of deductions | Yes. A written itemization of every deduction, delivered in person or mailed to the tenant's last known or forwarding address. |
| Interest on the deposit | Not required by state law. |
| Penalty if the landlord breaks the rules | If the landlord's failure is willful or not in good faith, the tenant gets the unreturned deposit plus damages of one and a half times the amount wrongfully withheld (credited against any rent owed). |
| What the tenant has to do | Give the landlord an accurate forwarding address; that's the tenant's responsibility under the law. |
| The law | West Virginia Code Sections 37-6A-1, 37-6A-2 and 37-6A-5 |
Official law: West Virginia Code Sections 37-6A-1, 37-6A-2 and 37-6A-5. Checked against the statute on 2026-11-04.
Good to know
- Deductions are limited to unpaid rent and reasonable late fees, damage beyond reasonable wear and tear, unpaid utilities the landlord paid, removing and storing belongings left behind, and other charges in the lease.
Tips for landlords
- Do a written move-in inspection and have the tenant sign it. Take dated photos of every room, including inside appliances and closets.
- Collect the tenant's forwarding address in writing at move-out.
- Put the itemized list and the refund in the mail well before the deadline, and keep proof of mailing.
- Normal wear and tear (faded paint, light carpet wear, small nail holes) usually can't be charged. Damage beyond that can.
Tips for tenants
- Take your own dated photos and video on move-in day and move-out day.
- Give your landlord your forwarding address in writing, and keep a copy.
- If the deadline passes, send a written demand letter that cites the law above before going to small claims court.
Common questions
How long does a landlord have to return a security deposit in West Virginia?
60 days after the tenancy ends, or 45 days after a new tenant moves in, whichever is shorter. If damage exceeds the deposit and needs an outside contractor, the landlord can give written notice in that window and get 15 more days to itemize.
Is there a limit on security deposits in West Virginia?
No limit in state law.
Does a landlord in West Virginia have to itemize deductions?
Yes. A written itemization of every deduction, delivered in person or mailed to the tenant's last known or forwarding address.