Deposit rules / West Virginia

West Virginia security deposit rules

West Virginia sets no statutory limit on the size of a security deposit. The deposit must be returned deposit and written itemization returned within the 'notice period': 60 days after termination of the tenancy or 45 days after a new tenant occupies the unit, whichever is shorter; 15 additional days if damages exceed the deposit and a third-party contractor is needed (landlord must notify within the notice period). No interest is owed on the deposit under state law.

Maximum deposit
No limit
No statutory limit
Return deadline
60 days
Deposit and written itemization returned within the 'notice period': 60 days after termination of the tenancy or 45 days after a new tenant occupies the unit, whichever is shorter; 15 additional days if damages exceed the deposit and a third-party contractor is needed (landlord must notify within the notice period)
Interest
Not required
Statute

What the law requires

W. Va. Code § 37-6A-2; § 37-6A-1(7)

No statutory limit. Returned Deposit and written itemization returned within the 'notice period': 60 days after termination of the tenancy or 45 days after a new tenant occupies the unit, whichever is shorter; 15 additional days if damages exceed the deposit and a third-party contractor is needed (landlord must notify within the notice period). Wrongful withholding: tenant may recover the deposit plus damages up to 1.5 times the amount wrongfully withheld (§ 37-6A-5). Text read via Wayback Machine copies of the official code.wvlegislature.gov pages (the site returned 403 directly).

Move-out checklist

Related West Virginia rules

Frequently asked questions

How much can a landlord charge for a security deposit in West Virginia?

There is no statutory cap in West Virginia; the market and the lease decide. Wrongful withholding: tenant may recover the deposit plus damages up to 1.5 times the amount wrongfully withheld (§ 37-6A-5). Text read via Wayback Machine copies of the official code.wvlegislature.gov pages (the site returned 403 directly).

How long does a landlord have to return a security deposit in West Virginia?

Deposit and written itemization returned within the 'notice period': 60 days after termination of the tenancy or 45 days after a new tenant occupies the unit, whichever is shorter; 15 additional days if damages exceed the deposit and a third-party contractor is needed (landlord must notify within the notice period). The statute is W. Va. Code § 37-6A-2; § 37-6A-1(7).

Does a West Virginia landlord have to pay interest on the security deposit?

No. West Virginia law does not require interest on residential security deposits.

Deposit rules in other states