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West Virginia · WV · updated 2026

In West Virginia, a landlord must return a security deposit within 60 calendar days

Quick answer

A West Virginia landlord has 60 calendar days after the tenancy ends to return your deposit or send an itemized list of deductions. Miss it in bad faith and the landlord can end up owing you more than the deposit itself.

Under West Virginia security deposit law, a West Virginia landlord has 60 calendar days to return your security deposit, counted from when the tenancy ends. By statute, West Virginia sets no statutory cap on how much a landlord can charge. If the landlord misses the deadline or keeps money you are owed, you can push back in writing and, if needed, in small claims court.

Return deadline
60 calendar days
Deadline counted from
the tenancy ends
Itemized statement
Required
Move-in condition list
Not required by statute
Maximum deposit
No statutory cap
Interest on deposit
Not required

Calculate your exact West Virginia deadline

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Pick your state and move-out date. We'll show the statutory deadline, the statute it comes from, and what a missed deadline means.

What a West Virginia landlord can deduct

  • Unpaid rent and unpaid utilities you owe under the lease
  • Repair of damage beyond ordinary wear and tear (not normal aging, fading, or minor marks)
  • An itemized written statement of every deduction (West Virginia requires it, so ask for it in writing)

If the landlord withholds in bad faith

If noncompliance is willful or not in good faith, the tenant is entitled to judgment for the amount of any unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld.

How to get your deposit back in West Virginia

  1. Document the unit's condition at move-out with dated photos of every room (a move-in / move-out checklist keeps it organized).
  2. Confirm your exact return deadline with the deadline calculator.
  3. If the deadline passes, send a written demand letter citing the statute and the amount owed.
  4. If it is still ignored, you can file in small claims court.

Common West Virginia deposit disputes

The deadline passed and you have heard nothing
Send a written demand letter citing the statute and the amount owed. Keep proof you sent it.
You got money back but disagree with the deductions
West Virginia requires an itemized statement, so ask for it in writing first, then dispute anything charged as ordinary wear and tear.
You are still deciding whether the case is worth it
Confirm the exact deadline below, gather your dated move-out photos, and read the penalty your state allows before you commit.

Frequently asked

How long does a landlord have to return a security deposit in West Virginia?
In West Virginia, a landlord must return a security deposit within 60 calendar days.
How much can a landlord charge for a security deposit in West Virginia?
West Virginia statute sets no maximum on the security deposit a landlord can charge.
Can my West Virginia landlord keep my deposit for cleaning or normal wear?
Deductions are generally limited to unpaid rent and damage beyond ordinary wear and tear. West Virginia requires the landlord to give an itemized statement of deductions.
Does a West Virginia landlord have to pay interest on my deposit?
No. West Virginia does not require the landlord to pay interest on the security deposit.
What if my West Virginia landlord wrongfully keeps my deposit?
If noncompliance is willful or not in good faith, the tenant is entitled to judgment for the amount of any unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld.

Landlord must return the deposit with itemized deductions within the shorter of 60 days after tenancy ends or 45 days after a new tenant occupies (plus 15 days if a contractor estimate is needed). No checklist mandate. Willful violation: deposit owed plus 1.5x the amount wrongfully withheld.

Check your deadlineDraft a demand letter

Security deposit law in other states

W. Va. Code § 37-6A-2; § 37-6A-1(7); § 37-6A-5 · source · verified 2026-07-10

General information, not legal advice. Statutes change and local rules vary, so check your lease and your local law, or consult a tenant attorney or legal aid.