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.
What the law requires
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).
- Deductions: unpaid rent and damage beyond normal wear and tear, itemised in writing. Cleaning and repainting after ordinary use are normal wear in most states.
- Deadline: the 60-day clock usually starts when the tenant moves out and, in many states, when a forwarding address is provided. Missing it typically forfeits the landlord’s right to keep any of the deposit and can add statutory damages.
- Interest: none required under state law. Cities in some no-interest states have their own ordinances, so check the municipal code where you rent.
Move-out checklist
- Give written notice of the move-out date and a forwarding address; many deadlines only start when the landlord has the address.
- Photograph every room after cleaning, with a timestamp. Request a joint inspection where the state allows one.
- If the deadline passes, send a written demand citing W. Va. Code § 37-6A-2; § 37-6A-1(7). Small-claims court handles deposit disputes in every state and most cap the claim well above a typical deposit.
Related West Virginia rules
- Late fees: No statutory cap or grace period for residential late fees in West Virginia; the lease controls. Late fee calculator.
- Notice to end a tenancy: A periodic tenancy of less than a year may be terminated by either party with written notice of one full period before the end of a period (one month for month-to-month); year-to-year requires three months Notice calculator.
- All rules on one page: West Virginia landlord and tenant law.
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.