West Virginia · Security deposits · Updated Oct 2026

West Virginia security deposit law

How much a landlord in West Virginia can charge, the deadline to return a deposit, what may be deducted, the penalty for keeping it wrongly and how to get yours back.

Short answer

In West Virginia, the deposit limit is: No statewide limit. The landlord must return it as follows: The landlord must return the deposit, minus deductions, with a written itemization within 60 days after the tenancy ends, or within 45 days after a new tenant moves in, whichever comes first.

deposit limit: No statewide limit
to return a deposit: 60 days
deposit penalty: Up to 1.5× (bad faith)

Security deposit in West Virginia

Limit: No statewide limit.
Deadline to return it: The landlord must return the deposit, minus deductions, with a written itemization within 60 days after the tenancy ends, or within 45 days after a new tenant moves in, whichever comes first. If damages are more than the deposit and need an outside contractor, the landlord must tell you in writing within that period and then has 15 more days to itemize. Delivery is in person or by mail to your last known or forwarding address. You must give the landlord an accurate address; if mail comes back, the landlord holds it for 6 months for you to pick up.
Itemized list: Yes, a written itemization of damages and other charges, delivered with the balance within the notice period. Receipts are not required by the law.
What may be deducted: Unpaid rent (including reasonable late charges in the lease); damage from your breaking the lease, less reasonable wear and tear; utility bills you owed that the landlord paid; reasonable costs to remove and store your belongings; and other damages or charges listed in the lease, including a contractor's cost to repair damage you caused.
Interest: No statute requires interest.
If the landlord keeps it wrongly: If the landlord's violation was willful or not in good faith: the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld (credited against any rent you owe). File in magistrate or circuit court in the county where the rental is.
Law: W. Va. Code 37-6A-1, 37-6A-2, 37-6A-5

Get your deposit back, step by step

Before you move out, clean, take dated photos and video of every room, and return all keys.
Give your landlord your new address in writing. In West Virginia: Delivery is in person or by mail to your last known or forwarding address.
Wait for the deadline: The landlord must return the deposit, minus deductions, with a written itemization within 60 days after the tenancy ends, or within 45 days after a new tenant moves in, whichever comes first.
If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
If that doesn't work, sue in small claims court. Limit: $20,000 in magistrate court, not counting interest and costs; raised from $10,000 on July 7, 2025. Small claims court in West Virginia on Small Claims Map

Deposit return calculator for West Virginia

Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.

Security deposit demand letter for West Virginia

A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.

Small claims court in West Virginia

Deposit disputes usually go to small claims court, where you don't need a lawyer. Limit: $20,000 in magistrate court, not counting interest and costs; raised from $10,000 on July 7, 2025.

How to file in West Virginia

Questions about security deposits in West Virginia

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

No statewide limit.

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

The landlord must return the deposit, minus deductions, with a written itemization within 60 days after the tenancy ends, or within 45 days after a new tenant moves in, whichever comes first. If damages are more than the deposit and need an outside contractor, the landlord must tell you in writing within that period and then has 15 more days to itemize. Delivery is in person or by mail to your last known or forwarding address. You must give the landlord an accurate address; if mail comes back, the landlord holds it for 6 months for you to pick up.

What can I do if my landlord won't return my deposit in West Virginia?

If the landlord's violation was willful or not in good faith: the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld (credited against any rent you owe). File in magistrate or circuit court in the county where the rental is.

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

Unpaid rent (including reasonable late charges in the lease); damage from your breaking the lease, less reasonable wear and tear; utility bills you owed that the landlord paid; reasonable costs to remove and store your belongings; and other damages or charges listed in the lease, including a contractor's cost to repair damage you caused.

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

No statute requires interest.

What is the small claims limit in West Virginia?

$20,000 in magistrate court, not counting interest and costs; raised from $10,000 on July 7, 2025.

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Sources

Last checked: Oct 2026.