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West Virginia Security Deposit Law, in Plain English

West Virginia's deposit article is young — 2011 — and reads like a checklist: a defined "notice period" that shrinks if the unit re-rents fast, five named categories of deductions, a 15-day extension for contractor work, and a penalty of one and a half times whatever was wrongfully withheld. Here's how W. Va. Code §§ 37-6A-1 through 37-6A-5 actually work, for both sides of the lease.

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60 / 45 daysThe notice period — 60 days after termination, or 45 after a new tenant moves in, whichever is shorter
No capWest Virginia sets no limit on deposit size and requires no interest
5 categoriesRent and late fees, damage beyond reasonable wear, unpaid utilities, removal and storage, and lease-specified charges
15 daysThe extension for itemizing contractor-required damage that exceeds the deposit, with timely notice
1.5xDamages for willful or bad-faith noncompliance, on top of the unreturned deposit

No cap, no interest — and only refundable money counts

West Virginia sets no limit on deposit size, requires no interest, and says nothing about where the money is kept. The article defines a security deposit as any refundable deposit securing the rental agreement or damage — a fee labeled nonrefundable at signing sits outside these rules entirely, which is one reason to read the lease before paying anything called a "fee."

Sixty days — or forty-five, if someone else has already moved in

The landlord must deliver the deposit, less deductions, with a written itemization within the statutory notice period: 60 days after the tenancy terminates, or 45 days after a subsequent tenant occupies the unit — whichever is shorter. A unit that re-rents in a week gives the landlord about seven weeks, not nine.

One extension exists. If the damage exceeds the deposit and requires a third-party contractor, a landlord who gives the tenant written notice within the notice period gets 15 additional days to deliver the itemization and repair costs. No timely notice, no extension.

Delivery is by personal delivery or by mail to the tenant's last known address or the forwarding address the tenant provided — so a written forwarding address on move-out day is the tenant's protection.

A closed list — and reasonable wear and tear comes off the top

Section 37-6A-2(b) names exactly what may come out of the deposit:

Unpaid rent and late charges under the rental agreement
Damages from the tenant's noncompliance, less reasonable wear and tear
Unpaid utilities the landlord was billed for and paid
Reasonable costs of removing and storing the tenant's abandoned personal property
Other charges the rental agreement provides for, including third-party contractor services

Faded paint, carpet worn by ordinary walking, and small nail holes are reasonable wear, not damage. Everything in the damage category turns on what the unit looked like on day one.

Five categories, one question: what did the unit look like at move-in? Answer it with a record.

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PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with West Virginia law or a particular result in a deposit dispute.

When it goes wrong: the deposit, plus one and a half times what was wrongfully withheld

If the landlord's noncompliance is willful or not in good faith, § 37-6A-5 entitles the tenant to judgment for the unreturned deposit plus damages for annoyance or inconvenience equal to one and a half times the amount wrongfully withheld. On $600 wrongfully kept, that's $600 plus $900. If the tenant owes rent, the court credits the award against it. The section adds no attorney's fee award.

The statute names the forum: magistrate court or circuit court in the county where the rental premises sit. Magistrate court hears civil claims up to $20,000. The winning file: the lease, the forwarding address, the itemization or proof none arrived within the notice period, the contractor notice if one was sent, and dated room-by-room photos from both ends of the tenancy.

Frequently asked questions

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

Within the statutory notice period: 60 days after your tenancy ends, or 45 days after a new tenant moves in — whichever is shorter. Within that window the landlord must deliver the deposit minus any deductions, with a written itemization. If contractor-required damage exceeds the deposit and the landlord notified you in time, the itemization can arrive 15 days later.

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

There's no statutory cap, no interest requirement, and no rule on where the money is kept. The article covers only refundable deposits — a fee labeled nonrefundable up front isn't a security deposit under the definition.

What can a landlord deduct from a deposit in West Virginia?

Five categories: unpaid rent and late fees under the lease; damage from your noncompliance, less reasonable wear and tear; unpaid utilities the landlord was billed for and paid; reasonable costs of removing and storing belongings you left behind; and other charges the rental agreement specifically provides for, including contractor services. Ordinary aging of paint and carpet is reasonable wear.

What is the 15-day extension?

If the damage exceeds your deposit and needs a third-party contractor, the landlord can send you written notice within the normal notice period and then take an additional 15 days to deliver the itemization and repair costs. The extension only applies when the landlord gave that timely notice.

What happens if the landlord willfully keeps money or ignores the deadline?

If the noncompliance is willful or not in good faith, you're entitled to judgment for the unreturned deposit plus damages for annoyance and inconvenience equal to one and a half times the amount wrongfully withheld. If you owe rent, the court credits the award against it. The section doesn't add attorney's fees.

How does the landlord have to deliver the deposit and itemization?

In person, or by mail to your last known address or the forwarding address you provided. Give a forwarding address in writing on move-out day so the mailing reaches you rather than the unit you just left.

Does West Virginia require a move-in inspection or photos?

No. The article has no checklist, walkthrough, or photo requirement. That leaves 'reasonable wear and tear' to the evidence — and in a magistrate court dispute, the side with dated room-by-room documentation from move-in usually wins.

Where do deposit disputes go in West Virginia?

Magistrate court — or circuit court — in the county where the property sits, as § 37-6A-5 specifies; magistrate court hears civil claims up to $20,000. Bring the lease, your forwarding address, the itemization or proof none arrived within the notice period, and dated move-in and move-out photos.

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