Home › Security Deposit Laws › West Virginia

West Virginia Security Deposit Laws (2026)

West Virginia's deadline can be shorter than 60 days. If a new tenant moves in, the landlord has only 45 days from that date, if that comes first.

By Lamuko Editorial Team✓ Checked against official statute textUpdated

West Virginia deposit rules at a glance

Maximum depositNo statutory cap
Return deadline60 days after termination, or 45 days after a new tenant occupies the unit, whichever is shorter
Itemized listWritten itemization of damages and other charges
InterestNot required
PenaltyWillful or not in good faith: unreturned deposit + 1.5× the amount wrongfully withheld (credited against rent you owe)
RecordsDeduction records kept 1 year; inspect or get a copy within 72 hours of a written request

Verified 2026-10-17 against W. Va. Code §§ 37-6A-1 to 37-6A-6, source 2, source 3. Calculate your West Virginia deadline →

Timeline: move-in to refund

  1. Move-outLeave a forwarding address in writing.
  2. 45 days after a new tenant moves in, or 60 daysDeposit balance and itemization due (whichever is shorter).
  3. If damages exceed the depositWith written notice in the period, the landlord gets 15 more days to itemize contractor repairs.
  4. Up to 1 year laterAsk in writing to see the deduction records; the landlord must respond within 72 hours.

The "notice period"

West Virginia sets no cap on deposits. Instead of a fixed number of days, it uses a defined "notice period": within 60 days after the tenancy ends, or within 45 days after a later tenant occupies the unit, whichever is shorter (W. Va. Code § 37-6A-1(7)). Within that period, the landlord must deliver the deposit minus deductions, with a written itemization (§ 37-6A-2(a)).

Five permitted uses

The landlord may apply the deposit only to:

If damages exceed the deposit and need a third-party contractor, the landlord must tell you in writing within the notice period. It then has an extra 15 days to itemize the damage and repair cost (§ 37-6A-2(c)). The statute also says you are not entitled to an immediate credit of the deposit against delinquent rent.

Deduction records on request

The landlord must keep itemized records of deductions for each tenant for one year after the tenancy ends. Within 72 hours of your written request, it must let you, your agent or your attorney inspect them during business hours, or give you a copy (§ 37-6A-3).

1.5× for willful noncompliance. If the landlord's noncompliance is willful or not in good faith, you are entitled to the unreturned deposit plus damages for annoyance or inconvenience equal to one and a half times the amount wrongfully withheld. If you owe rent, the court credits that award against the rent. The statute places jurisdiction in magistrate court or circuit court in the county where the unit is located (§ 37-6A-5).

A new owner must return deposits paid to the original landlord, whether or not they were transferred. Our calculator counts 60 days.

Steps to recover a West Virginia deposit

  1. Leave a forwarding address in writing.
  2. Note when a new tenant moves in, because it can shorten the deadline.
  3. Ask in writing for the deduction records.
  4. Demand the deposit, citing § 37-6A-5.
  5. If that fails, file in magistrate court.

Neighboring states

Virginia sets 45 days, Maryland allows up to 3×, Kentucky has no fixed deadline, and Pennsylvania and Ohio use 30 days.

Frequently asked questions

Is there a cap on security deposits in West Virginia?

No. W. Va. Code ch. 37, art. 6A sets no maximum.

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

60 days after the tenancy ends, or 45 days after a new tenant moves in, whichever is shorter.

Can I see the landlord's deduction records?

Yes. Within 72 hours of a written request, for up to a year after the tenancy ends.

What is the penalty in West Virginia?

For willful or bad-faith noncompliance, the unreturned deposit plus 1.5 times the amount wrongfully withheld.

Sources

  1. W. Va. Code § 37-6A-1 (WV Legislature)
  2. W. Va. Code § 37-6A-2
  3. W. Va. Code § 37-6A-3
  4. W. Va. Code § 37-6A-5

Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.

Other state guides

Browse 50 other states

Not legal advice. Lamuko Rent Laws provides general legal information about state statutes, not legal advice, and using this site does not create an attorney-client relationship. Laws change and courts interpret them; city and county ordinances (for example Chicago, San Francisco or New York City rules) can be stricter than state law, and your lease or a subsidized-housing program may add terms. Fields marked “Verify with statute” have not yet been confirmed by us against the official text. Check the linked statute or talk to a licensed attorney or local legal-aid office before acting.