West Virginia security deposit law

Security Deposit Laws in West Virginia: What Your Landlord Can and Cannot Keep

Your landlord has 60 days under West Virginia law to return your security deposit, or you may be owed more than what they withheld. If they keep more than they're legally allowed, you can dispute it.

See what you're owed — free →Start my case
Statutes verified against official sources
USPS Certified Mail with return receipt
Every letter reviewed before it mails

West Virginia security deposit return timeline

Deadline to return

60 days

Statute

W. Va. Code § 37-6A-1(7) (definition of 'notice period'); § 37-6A-2 (return, deductions, 15-day extension); § 37-6A-5 (noncompliance)

The deposit minus deductions, together with a written itemization, must be delivered upon termination of the tenancy 'within the applicable notice period.' 'Notice period' is DEFINED at § 37-6A-1(7) as: (A) within 60 days of the termination of the tenancy; or (B) within 45 days of the occupation of the premises by a subsequent tenant, WHICHEVER TIME PERIOD IS SHORTER. So a quickly re-rented unit SHORTENS the deadline. SEPARATE EXTENSION: under § 37-6A-2(c), if damages exceed the deposit and require a third-party contractor, a landlord who gives written notice of that fact within the notice period gets an ADDITIONAL 15 DAYS to provide the itemization and cost of repair. Delivery may be personal or by mail to the last known/forwarding address; the tenant is responsible for providing an accurate address.

What can a landlord legally deduct in West Virginia?

Allowed

  • ✓Rent due, including reasonable late charges specified in the rental agreement
  • ✓Damages from the tenant's noncompliance with the rental agreement, less reasonable wear and tear
  • ✓Unpaid utilities billed to and paid by the landlord that were the tenant's obligation
  • ✓Reasonable costs of removal and storage of the tenant's personal property
  • ✓Other damages or charges provided in the rental agreement, including third-party contractor repair of tenant-caused damage

Not allowed

  • ✗Reasonable wear and tear

What if your landlord keeps your deposit wrongfully in West Virginia?

Under § 37-6A-5(a), if the landlord fails to comply with ANY provision of the article and the noncompliance is WILLFUL OR NOT IN GOOD FAITH, the tenant is entitled to judgment for (1) the amount of any unreturned deposit, and (2) damages for annoyance or inconvenience equal to ONE AND A HALF TIMES (1.5x) the amount wrongfully withheld — UNLESS the tenant owes rent, in which case the court shall credit the award against rent due. Jurisdiction is magistrate or circuit court in the county where the premises are located.

How TenantNex helps

  1. 1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
  2. 2. We generate a demand letter citing W. Va. Code § 37-6A-1(7) (definition of 'notice period'); § 37-6A-2 (return, deductions, 15-day extension); § 37-6A-5 (noncompliance) and your exact deadline.
  3. 3. We mail it to your landlord via USPS Certified Mail with return receipt.
  4. 4. You track delivery on your case page, with day-7 and day-14 follow-up.

Recover $35 · Dispute $49 — one flat fee, no subscription.

See what your landlord can legally keep →

West Virginia tenant rights resources

Every fact on this page is verified against West Virginia's official statutory text as of 2026-09-04. TenantNex prepares legal correspondence as a document preparation service, not as your attorney. For complex disputes, consult a licensed attorney in West Virginia.

Pay once. We handle the rest.

Both tiers include the letter, the certified mailing, the tracking, and the follow-up. No subscription, no recurring anything — one case, one price.

You pay onceWe prepare & review your letterUSPS Certified to your landlordYou track it to their door
Most tenants choose this

Recover

$35one time — no subscription

We prepare it and mail it for you.

  • Demand letter citing your state statute, deadline, and penalty
  • Mailed to your landlord via USPS Certified Mail with return receipt
  • USPS tracking number on your case page
  • Delivery confirmation the moment your landlord receives it
  • Day-7 and day-14 follow-up with your next steps
Start for $35

Dispute

$49one time — no subscription

We prepare, mail, and respond.

  • Everything in Recover
  • Counter-response letter if your landlord disputes or underpays
  • Attorney referral if unresolved after 21 days
  • Priority review — your letter goes out first
Start for $49
See the full deposit demand letter guide →

What TenantNex is — and isn't

TenantNex is a document preparation and delivery service, not a law firm. We prepare and send correspondence using publicly available state statutes. We do not provide legal advice, legal representation, or guarantee any outcome. For complex legal matters, consult a licensed attorney in your state.