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West Virginia security deposit law
The state rules a landlord in West Virginia has to follow for a residential security deposit, from W. Va. Code §§ 37-6A-1 to 37-6A-5.
- Maximum deposit
- No statutory limit.
- Deadline to return it
- Within 60 days after the tenancy ends, or 45 days after a new tenant moves in, whichever is shorter.
- Itemized deductions
- Written itemization of damages and charges delivered with the balance.
- Interest on the deposit
- Not required by state law.
- Penalty for wrongful withholding
- For willful or bad-faith violations: the unreturned deposit plus damages of one and a half times the amount wrongfully withheld.
Before you keep any part of a deposit
- Compare the unit with the move-in inspection and photos. Normal wear and tear is generally not chargeable.
- Keep receipts or written estimates for every deduction.
- Send the return or the itemized list within the deadline above, to the tenant's forwarding address, and keep proof of mailing.
Working out the last month's rent? The prorated rent calculator does the partial-month math.
Source
Verification status: verified summary. Research date: November 5, 2026. Statute: W. Va. Code §§ 37-6A-1 to 37-6A-5. Source: code.wvlegislature.gov.
General information, not legal advice. Cities and counties can add stricter rules, and laws change. Check the current statute or a local attorney before you act.
Other states: Washington · Wisconsin · all states
Last updated November 5, 2026.