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:
- rent due, including reasonable late charges in the lease;
- damages from your noncompliance with the lease, less reasonable wear and tear;
- utilities billed to and paid by the landlord that were your obligation;
- reasonable costs of removing and storing your belongings;
- other damages or charges provided in the lease, such as a third-party contractor's repairs.
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).
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
- Leave a forwarding address in writing.
- Note when a new tenant moves in, because it can shorten the deadline.
- Ask in writing for the deduction records.
- Demand the deposit, citing § 37-6A-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
- W. Va. Code § 37-6A-1 (WV Legislature)
- W. Va. Code § 37-6A-2
- W. Va. Code § 37-6A-3
- W. Va. Code § 37-6A-5
Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.