How many days does a landlord have to return a security deposit in West Virginia?

West Virginia law gives landlords 60 days to return the deposit or send an itemized list of deductions, under W. Va. Code § 37-6A-1(7) (definition of 'notice period'); § 37-6A-2 (return, deductions, 15-day extension); § 37-6A-5 (noncompliance).

What can a landlord deduct from a security deposit in West Virginia?

Under W. Va. Code § 37-6A-1(7) (definition of 'notice period'); § 37-6A-2 (return, deductions, 15-day extension); § 37-6A-5 (noncompliance), allowed deductions generally include rent due, including reasonable late charges specified in the rental agreement and damages from the tenant's noncompliance with the rental agreement, less reasonable wear and tear. Normal wear and tear is not deductible.

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West Virginia security deposit law

Security Deposit Laws in West Virginia

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.

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When did you move out?

This is the one that matters. Your clock starts the day you handed back the keys — not the day your landlord replies.

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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. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
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. We mail it to your landlord via USPS Certified Mail with return receipt.
4. You track delivery on your case page, with day-7 and day-14 follow-up.

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West Virginia tenant rights resources

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Find your state's consumer protection / Attorney General office
Key statute: W. Va. Code § 37-6A-1(7) (definition of 'notice period'); § 37-6A-2 (return, deductions, 15-day extension); § 37-6A-5 (noncompliance) — verified against the official text on 2026-09-04.

Every fact on this page is verified against West Virginia's official statutory text as of 2026-09-04. TenantNex is not a law firm and this is not legal advice. For complex disputes, consult a licensed attorney in West Virginia.

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Your money is due back

60 days

West Virginia law sets this deadline — your landlord must return your deposit or itemize deductions by then.

If they wrongfully withhold

W. Va. Code § 37-6A-1(7) (definition of 'notice period'); § 37-6A-2 (return, deductions, 15-day extension); § 37-6A-5 (noncompliance) — verified against the official statute 2026-09-04

Your 60 days started the day you moved out — that clock is running right now whether or not your landlord acts.

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Option	Price	Effort	Follow-up
Do it yourself	—	All of it	You chase
TenantNex	$39	Done for you	We chase
Small-claims services	$149–448	—	—
Hire an attorney	$300–2,000+	—	—

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Step 1 — certified demand letter citing your state statute, deadline and penalty
Mailed USPS Certified with return receipt, tracked to your landlord’s door
Step 2 — day-14 notice of intent to file, the one most landlords act on
Step 3 — your small-claims packet: the right form for your county, filled in
Where to file, what it costs, and how to serve your landlord
Evidence checklist, with your certified receipt as Exhibit A
Counter-response letter if your landlord disputes or underpays
Attorney referral if it is still unresolved after 21 days

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TenantNex is 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.