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West Virginia Statewide Rule

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

Some RestrictionsApplies statewide across West Virginia (2026)

Key Facts

Deposit cap
None (no statutory maximum)
Return deadline
60 days after termination, or 45 days after a new tenant moves in, whichever is sooner
Itemized statement
Required; written itemization of damages or charges
Statute
W. Va. Code 37-6A-1 to 37-6A-5
Penalty
Unreturned deposit plus 1.5x the amount wrongfully withheld for willful noncompliance
Last verified: August 20, 2026

Summary

West Virginia sets no cap on the amount of a residential security deposit. After a tenancy ends, the landlord must return the deposit, with a written itemization of any damages or charges, within the notice period: 60 days after termination or 45 days after a new tenant moves in, whichever is sooner. Willful noncompliance exposes the landlord to extra damages.

§37-6A-2. Security deposits. (a) Upon termination of the tenancy and within the applicable notice period, any security deposit held by the landlord, minus any deductions for damages or other charges, shall be delivered to the tenant, together with a written itemization of any such damages or other charges as provided in subsection (c). (b) Upon termination of the tenancy, any security deposit held by the landlord may be applied by the landlord only to: (1) The payment of rent due, including the reasonable charges for late payment of rent specified in the rental agreement; (2) The payment of the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement, less reasonable wear and tear; (3) The payment of unpaid utilities that were billed to and paid by the landlord, are the obligation of the tenant under the rental agreement and unpaid by the tenant; (4) The payment of reasonable costs for the removal and storage of the tenant's personal property. The landlord may dispose of the stored personal property pursuant to the provisions of subdivisions (1) through (3), subsection (h), section three, article three-a, chapter fifty-five of this code; and (5) To other damages or charges as provided in the rental agreement, including but not limited to, paying for the services of a third party contractor to repair damages to the property caused by the tenant.

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

How much can a landlord charge for a security deposit in West Virginia?
There is no legal limit. West Virginia Code Article 37-6A sets no cap on the amount a landlord may collect as a security deposit, so the amount is whatever the rental agreement provides.
How long does a landlord have to return a security deposit in West Virginia?
The 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 occupies the unit, whichever comes first. A 15-day extension applies only when a contractor's damage estimate is needed and written notice is given.
What can a landlord deduct from a security deposit in West Virginia?
Unpaid rent, fees and charges owed under the rental agreement, and the cost of repairing damage beyond ordinary wear and tear. Every deduction must appear on the written itemization the landlord provides within the notice period.

Sources

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