West Virginia Code 37-6A sets statewide security deposit rules. Charleston landlords must return deposits within 60 days after tenancy ends with an itemized statement of any deductions for damages beyond ordinary wear and tear.
WV Code Chapter 37 Article 6A, the West Virginia Security Deposit Act, governs deposits on residential leases. There is no statutory cap on the deposit amount. Landlords must return the deposit within 60 days after tenancy termination, or 45 days after a new tenant moves in (whichever is shorter), accompanied by an itemized list of deductions. Permitted deductions include unpaid rent, repairs for damage beyond normal wear, and other tenancy-related charges authorized in the lease. Failure to comply allows the tenant to recover up to one and a half times the wrongfully withheld amount plus reasonable attorneys fees in magistrate court.
Wrongful withholding or failure to itemize allows the tenant to sue for up to 1.5x the withheld deposit plus attorneys fees and court costs under WV Code 37-6A-4.
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