West Virginia: Security Deposit Return Deadlines & Deductions

Requirements one by one

Governing law

West Virginia's deposit rules live in a short, standalone article, W. Va.
Code §§ 37-6A-1 through 37-6A-5 ("Residential Rental Security Deposits").
West Virginia has not adopted the Uniform Residential Landlord and Tenant
Act used by many other states, so this article — along with a handful of
other scattered statutes — is the primary statutory source for deposit
rights here.

Deadline to return the deposit

The statute defines a "notice period" as "(A) within 60 days of the
termination of the tenancy; or (B) within 45 days of the occupation of the
premise by a subsequent tenant, whichever time period is shorter" (§
37-6A-1(7)). The deposit, minus any lawful deductions, must be delivered to
the tenant "within the applicable notice period," along with a written
itemization of any deductions (§ 37-6A-2(a)). One narrow extension applies:
if damage exceeds the deposit and needs a third-party contractor's repair,
the landlord can get 15 more days just to send the itemization (not to
return the rest of the money) by giving written notice of that fact within
the normal notice period (§ 37-6A-2(c)).

Itemized statement required?

Yes, whenever the landlord withholds anything — the itemization is due at
the same time as the deposit itself, under the same "notice period"
deadline, with the narrow 15-day contractor-repair extension described
above.

What can be deducted

The landlord may apply the deposit only to: unpaid rent, "including the
reasonable charges for late payment of rent specified in the rental
agreement"; damages "which the landlord has suffered by reason of the
tenant's noncompliance with the rental agreement, less reasonable wear and
tear"; unpaid utilities that were billed to and paid by the landlord and
were the tenant's obligation; reasonable costs to remove and store the
tenant's abandoned personal property; and "other damages or charges as
provided in the rental agreement," including paying a third-party
contractor to repair tenant-caused damage (§ 37-6A-2(b)). Reasonable wear
and tear is expressly excluded from the damages deduction.

Maximum deposit amount

None. Nothing in the article caps the amount a landlord may collect as a
security deposit.

Interest on the deposit?

No. The statute imposes no interest requirement on a held deposit.

Penalty for a late/bad-faith withholding

The remedy isn't automatic. It kicks in only "if a landlord fails to comply
with any of the provisions of this article, and such noncompliance is
willful or not in good faith" (§ 37-6A-5(a)). When that's shown, the tenant
gets a judgment for "the amount of any unreturned security deposit," plus
"damages for annoyance or inconvenience resulting from the landlord's
nonconformance equal to one and a half times the amount wrongfully
withheld" — a flat 1.5x multiplier, not a court's discretionary range, and
credited against any rent the tenant still owes if applicable (§
37-6A-5(a)(2)). Separately, if a landlord ever tries to enforce a lease
clause that illegally makes a tenant waive these rights, the tenant can
recover actual damages and attorney's fees for that (§ 37-6A-4).

Separate account or bond required?

No. The article doesn't require a landlord to hold the deposit in a
separate account, an interest-bearing account, or a bond.

What trips people up

The 1.5x penalty isn't automatic just because the deadline passed. You
have to show the landlord's noncompliance was willful or not in good faith.
A landlord who's simply late without bad faith may still owe the deposit
itself, but the 1.5x add-on is conditioned on that showing.

Two different deadlines can apply, and the shorter one controls. If a
new tenant moves in only 20 days after you leave, the landlord's real
deadline is 45 days from that move-in date — not the full 60 days from your
own move-out.

A missing itemization statement doesn't extend the return deadline for
the money itself. The only extension in the statute is a narrow 15-day
add-on for itemizing (not returning) contractor-repair costs, and only if
the landlord gave written notice of the need for that repair within the
normal deadline.

Common questions

How long does my West Virginia landlord have to send back my deposit?
The shorter of 60 days after your tenancy ends or 45 days after a new
tenant occupies the unit.

Is there a cap on how much my landlord can charge as a deposit? No.
West Virginia law sets no limit.

Can I get extra money if my landlord is late? Only if you can show the
landlord's noncompliance was willful or in bad faith — then you can recover
the deposit plus 1.5 times the amount wrongfully withheld.

Statutes and sources

• W. Va. Code § 37-6A-1(7) — defines the "notice period" (the 60-day/45-day, whichever-shorter rule).
  https://web.archive.org/web/2026/https://code.wvlegislature.gov/37-6A-1/ (accessed 2026-07-06)
• W. Va. Code § 37-6A-2(a) — the return-and-itemization deadline.
  https://web.archive.org/web/2026/https://code.wvlegislature.gov/37-6A-2/ (accessed 2026-07-06)
• W. Va. Code § 37-6A-2(b) — permitted deductions.
  https://web.archive.org/web/2026/https://code.wvlegislature.gov/37-6A-2/ (accessed 2026-07-06)
• W. Va. Code § 37-6A-2(c) — the 15-day contractor-repair itemization extension.
  https://web.archive.org/web/2026/https://code.wvlegislature.gov/37-6A-2/ (accessed 2026-07-06)
• W. Va. Code § 37-6A-5(a) — the willful/bad-faith penalty (1.5x wrongfully withheld amount).
  https://web.archive.org/web/2026/https://code.wvlegislature.gov/37-6A-5/ (accessed 2026-07-06)
• W. Va. Code § 37-6A-4 — anti-waiver provision and attorney's-fee remedy for enforcing a void waiver.
  https://web.archive.org/web/2026/https://code.wvlegislature.gov/37-6A-4/ (accessed 2026-07-06)