West Virginia security deposit law: know your rights.
Understand the return, deduction and notice rules in West Virginia. Check which conditions apply to your rental, then choose your next step.
Your deposit rights in West Virginia
- Return timing
- Deposit plus written itemization due within the 'applicable notice period': 60 days after termination or 45 days after a new tenant moves in, whichever is shorter; 15 extra days for third-party contractor repairs exceeding the deposit (with written notice). Federally assisted tenancies: 30 days per Legal Aid WV.
- Accounting for deductions
- Deposit minus deductions must come with a written itemization of damages and charges (§ 37-6A-2(a)); permitted deductions include unpaid rent and late fees, damage beyond reasonable wear, unpaid utilities, and removal/storage costs.
- Deposit interest
- The state deposit statute does not require interest. Check any additional lease or local rule.
Registry review: August 2026. Review dates refer to the cited rules, not an attorney review of your case.
Does this rule apply to your rental?
Check the type of tenancy, the lease and any local or housing-program rules before relying on the statewide summary.
W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 ↗What starts the return clock?
Deposit plus written itemization due within the 'applicable notice period': 60 days after termination or 45 days after a new tenant moves in, whichever is shorter; 15 extra days for third-party contractor repairs exceeding the deposit (with written notice). Federally assisted tenancies: 30 days per Legal Aid WV.
W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 ↗Check your return timing
Optional estimate from your move-out date. Read the start conditions above before treating that estimate as the return deadline. You can start the free analysis without completing this check.
Check what the landlord deducted
No receipts requirement; the contractor-repair extension itemization must state damages and repair costs.
Match each charge to the work alleged, the lease provision and the records supporting the amount. Keep refunds and charges you accept separate from those you dispute.
W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 ↗What could you recover?
The unreturned deposit + damages for annoyance/inconvenience equal to 1.5x the amount wrongfully withheld - only for willful or bad-faith noncompliance, with any rent owed credited against the award (§ 37-6A-5). Total exposure 2.5x the withheld amount.
Start with the unpaid amount you dispute. Any additional statutory recovery depends on the conditions in W. Va. Code § 37-6A-5(a)(2), including applicable notice requirements. A multiplier that already includes the deposit should not be added to that deposit again.
W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 ↗Put the rules to work
See how the rules fit your deposit dispute
Free analysis
Add the refund, charges and records. Review the deductions and possible remedies with an explanation tied to your facts.
Full case package $29-$49
Turn your case into a demand letter, organized exhibits and a next-step plan. Review the analysis before deciding to buy.
Your entered dates and deposit amount carry forward. Additional timing details are saved in case notes. The next step asks for the refund and charges so you can build on this check.
Choose your next step
Small-claims limit: $20,000. Filing: $30-$50 tiered (fee waiver available). The court guide explains the applicable limits and additional costs.
Questions about West Virginia deposit rights
How long does a West Virginia landlord have to return a security deposit?
Deposit plus written itemization due within the 'applicable notice period': 60 days after termination or 45 days after a new tenant moves in, whichever is shorter; 15 extra days for third-party contractor repairs exceeding the deposit (with written notice). Federally assisted tenancies: 30 days per Legal Aid WV.
W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 ↗See the timing rules →What happens if my landlord does not follow the deposit return rules in West Virginia?
Willful or bad-faith noncompliance entitles the tenant to the unreturned deposit plus 1.5x the amount wrongfully withheld (§ 37-6A-5(a)); failure to itemize forfeits the right to withhold per WVU Student Legal Services. Keep proof of the dates, any refund, and the itemized statement.
W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 ↗Understand the possible recovery →What accounting should I ask for in West Virginia?
Deposit minus deductions must come with a written itemization of damages and charges (§ 37-6A-2(a)); permitted deductions include unpaid rent and late fees, damage beyond reasonable wear, unpaid utilities, and removal/storage costs. No receipts requirement; the contractor-repair extension itemization must state damages and repair costs.
W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 ↗