West Virginia security deposit laws
In West Virginia, your landlord has 60 days to return your deposit or send an itemized list of deductions. Here is what the law requires, what they can and cannot keep, and how to get your money back.
Return deadline
60 days
After you hand back the keys
Penalty for wrongful withholding
No fixed multiplier
Landlord forfeits the right to retain; you can recover the unreturned deposit plus damages equal to 1.5x the amount wrongfully withheld
Small claims limit
$20,000
Covers most deposit disputes
Itemized statement
Required
For any deductions the landlord takes
Related states
Compare nearby security deposit rules and deadlines.
What your West Virginia landlord must do
Return the deposit on time
Under W. Va. Code §§ 37-6A-1 to 37-6A-6, the landlord generally must return your deposit or send an itemized statement of deductions within 60 days after you move out. Missing that deadline often weakens or forfeits their right to keep any of it.
Justify every deduction
An itemized statement of the deductions is required, and vague or unsupported charges do not meet the standard. Normal wear and tear is never deductible.
Common West Virginia deposit disputes
Pick the situation that matches yours for the West Virginia-specific rules and a ready-to-send demand letter.
West Virginia security deposit questions
How long does a landlord in West Virginia have to return a security deposit?
Under W. Va. Code §§ 37-6A-1 to 37-6A-6, a West Virginia landlord generally has 60 days after you move out to return the deposit or send an itemized statement of deductions.
What can a West Virginia landlord deduct from a security deposit?
Only actual damage beyond normal wear and tear, unpaid rent, or other charges the lease and West Virginia law allow. An itemized statement of the deductions is required. Ordinary wear from normal use is not deductible.
What happens if my West Virginia landlord keeps my deposit unfairly?
Landlord forfeits the right to retain; you can recover the unreturned deposit plus damages equal to 1.5x the amount wrongfully withheld A demand letter that cites W. Va. Code §§ 37-6A-1 to 37-6A-6 and the missed deadline is the standard first step before small claims.
Can I sue my landlord in West Virginia small claims court over a deposit?
Yes. West Virginia small claims court handles deposit disputes for amounts up to $20,000, which covers most deposits plus the statutory penalty. You do not need a lawyer.
Not legal advice
RentBack is jurisdiction-accurate legal research and drafting support for renters, not a law firm and not a substitute for a licensed attorney.