West Virginia Security Deposit Law (W. Va. Code 37-6A-1 to 37-6A-5)

Under W. Va. Code 37-6A-2, the landlord must return the deposit "together with a written itemization of any such damages or other charges" within the "notice period" defined in 37-6A-1(7) as "(A) within 60 days of the termination of the tenancy; or (B) within 45 days of the occupation of the premise by a subsequent tenant, whichever time period is shorter." If damages exceed the deposit and a contractor's estimate is needed, the landlord may take an additional 15 days to itemize after giving written notice. Permitted deductions cover unpaid rent, fees owed under the agreement, and the cost to repair damage beyond ordinary wear and tear. The article sets no maximum deposit amount, so the deposit size is left to the rental agreement.

Under W. Va. Code 37-6A-5, a landlord who willfully fails to comply is liable to the tenant for a judgment equal to (1) the amount of any unreturned security deposit and (2) damages for annoyance or inconvenience "equal to one and a half times the amount wrongfully withheld." Actions are brought in magistrate or circuit court where the property sits.