Deposit laws by state › West Virginia
State law · West Virginia
West Virginia security deposit law
How long your landlord has to return your deposit, what they can deduct, and what happens if they get it wrong.
Short answer: Within 60 days after the tenancy ends, the landlord must return the deposit or deliver an itemization of damages, by mail to the tenant's last known or forwarding address. (A shorter period may apply if a new tenant moves in sooner.)
How long does a landlord have to return a security deposit in West Virginia?
- Return deadline
- Within 60 days after the tenancy ends, the landlord must return the deposit or deliver an itemization of damages, by mail to the tenant's last known or forwarding address. (A shorter period may apply if a new tenant moves in sooner.)W. Va. Code § 37-6A-2
- Itemized list
- The itemization of damages is due within the same 60 days.W. Va. Code § 37-6A-2
Prefer a full page? Use the security deposit deadline calculator.
What happens if a West Virginia landlord misses the deadline?
- If the landlord misses it
- West Virginia's statute states no forfeiture; its remedy requires willfulness or bad faith.W. Va. Code § 37-6A-5
- Penalty
- If the landlord's noncompliance is willful or not in good faith, the tenant recovers the unreturned deposit plus damages of one and a half times the amount wrongfully withheld.W. Va. Code § 37-6A-5(a)
Penalties that depend on bad faith or willfulness are possible, not automatic. Only a judge can make that finding.
What can a West Virginia landlord deduct from your deposit?
What can be deducted: Only unpaid rent and lease late charges, damages from the tenant's failure to meet the tenant's duties (less reasonable wear and tear), unpaid utilities the landlord paid, reasonable costs of removing and storing the tenant's property, and other charges in the lease. (W. Va. Code § 37-6A-2(b))
Normal wear and tear: Reasonable wear and tear is subtracted from damage charges. (W. Va. Code § 37-6A-2(b)(2))
What the itemized list must include: A written itemization of damages and charges; the landlord must keep itemized records for a year and provide copies within 72 hours of a written request. (W. Va. Code §§ 37-6A-2(a), 37-6A-3)
More on common charges: normal wear and tear, cleaning, painting, and a missing itemized list.
Taking a deposit case to small claims court in West Virginia
Small-claims limit: West Virginia magistrate court hears civil claims under $10,000. (West Virginia magistrate court)
Most deposit disputes never get that far. A clear demand letter, sent by certified mail, often settles them first.
What to do if your West Virginia landlord kept your deposit
- Pin down your dates. When you moved out, returned the keys, and gave a forwarding address in writing. Compare them with the deadline above.
- Gather your evidence. Move-in and move-out photos, the lease, the landlord's list of deductions, receipts and messages. The case checklist covers what matters.
- Send a demand letter by certified mail. Ask for the money, cite West Virginia's rules, and give a deadline to pay. What a demand letter does.
- If they still don't pay, consider small claims court. You don't need a lawyer there.
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Sources
These rules come from the same verified table the Demand Letter Companion uses, checked against the sources below on October 25, 2026. Laws change; check the current official text before relying on a date.
- W. Va. Code §§ 37-6A-2, 37-6A-5: courtswv.gov
- West Virginia magistrate court: monroecountywv.gov
- W. Va. Code §§ 37-6A-2, 37-6A-5: code.wvlegislature.gov
Other states: see the guides for all 50 states and DC
This page is general legal information, not legal advice. Local ordinances can add rules, and your lease and facts matter. For advice about your situation, consult a licensed attorney in West Virginia.