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West Virginia Security Deposit Laws (2026)

Last reviewed October 5, 2026Sources: W. Va. Code § 37-6A-1 et seq.

West Virginia law treats a security deposit as your money that the landlord only holds. That single idea drives everything on this page: how much can be asked of you up front, what happens to the cash while you rent, and a hard legal deadline for giving it back once you hand over the keys.

Max depositNo statutory cap
No statutory cap.
Return deadline60 days after you give up possession
60 days, or 45 if the tenant provides a forwarding address.
Interest on depositNo statewide rule

No statewide interest requirement. Interest aside, the return deadline above is what actually moves your money.

StatuteW. Va. Code § 37-6A-1 et seq.

The cap: how much your landlord can ask for

No statutory cap. Whatever the cap, the deposit remains your money: the cap limits the request, and the sections below limit what can happen to it afterward.

The deadline: when the money comes back

West Virginia landlords have 60 days from when you give up possession — normally the day you return all keys — to either refund the deposit or send the written itemization that state law requires. 60 days, or 45 if the tenant provides a forwarding address. Mark the date on your calendar the day you move; a deadline that passes without refund or statement is what converts an awkward wait into a legal claim.

Interest: does your deposit earn any?

No statewide interest requirement. Interest aside, the return deadline above is what actually moves your money.

Deductions: what can legally come out

Like nearly every state, West Virginia lets landlords charge for real damage and unpaid costs — but not for normal wear and tear. Faded paint, worn carpet in a walkway, and small nail holes from picture hangers are the landlord's cost of doing business; broken fixtures, uncleaned appliances, and unpaid rent are chargeable. When deductions are taken, West Virginia requires them in writing — so photograph the unit at move-out and keep the timestamped set until the money arrives. Every line item can then be checked against how the unit actually looked, which is how inflated deductions get beaten.

If the deposit doesn't come back

Tenants can sue for the deposit plus damages. The route is almost always the same: a written demand letter citing the deadline and W. Va. Code § 37-6A-1 et seq., then small claims court in the county where the unit sits. Filings are cheap, lawyers aren't required, and landlords who ignored two letters usually settle the week a court date appears.

Your West Virginia action plan

Three moves protect a West Virginia deposit: (1) compare the deposit you're being asked for against the cap above before you sign; (2) photograph the unit at move-in and again at move-out — documentation settles most disputes before they start (our interactive checklist walks you through it); (3) the day you return keys, write the deadline on your calendar and send your forwarding address in writing. If that date passes in silence, the demand letter template takes about ten minutes, and small claims court is the next stop.

West Virginia deposit FAQ

How much can a landlord charge for a security deposit in West Virginia?
There is no statutory cap — the lease sets the amount. No statutory cap.
When must a landlord return a security deposit in West Virginia?
60 days after the tenant gives up possession. 60 days, or 45 if the tenant provides a forwarding address.
Does a security deposit earn interest in West Virginia?
No statewide requirement.
What happens if a West Virginia landlord wrongfully keeps the deposit?
Tenants can sue for the deposit plus damages.

Run your West Virginia numbers

Cap check, your personal deadline date, and the interest your deposit earned — in about twenty seconds.

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This page summarizes W. Va. Code § 37-6A-1 et seq. as last reviewed October 5, 2026. Laws and locally announced rates change — confirm current figures with the West Virginia housing authority or attorney general's consumer site before relying on them.