West Virginia Security Deposit Laws
West Virginia has no statutory cap on security deposits.
Key Rules
- Limit
- No statutory maximum
- Return Deadline
- Within the 'notice period': the shorter of 60 days after the tenancy terminates or 45 days after a new tenant occupies the unit
- Itemization Required
- Yes — written itemized statement of deductions required
- Interest Required
- No
- Bad Faith Penalty
- Not specified by section 37-6A-1 or 37-6A-2's text -- this article does not establish a specific bad-faith damages multiplier for a wrongfully withheld deposit
Some citations below have not been confirmed against their official source. Confirm current requirements with local legal aid or an attorney.
Applicable Statutes
Definitions: defines terms used throughout this article, including 'notice period' -- the shorter of 60 days after the tenancy terminates or 45 days after a new tenant occupies the unit -- which governs when the landlord must act under section 37-6A-2's return-of-deposit rule. No statutory cap on deposit amount appears in this article.
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Security deposit return and application: within the applicable notice period, the landlord must deliver the deposit, minus any deductions, to the tenant along with a written itemization. The landlord may apply the deposit only to unpaid rent, damages beyond normal wear and tear, unpaid utilities owed by the tenant, or the cost of removing and storing abandoned property; an additional 15 days is allowed to itemize damages that require a third-party contractor.
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Legal Aid Resources
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Not Legal Advice. This site provides general educational information only — not legal counsel. Laws vary by location. Consult a qualified attorney for advice on your specific situation.