Landlord Atlas

What are the security deposit rules in West Virginia?

Verified July 11, 2026 All West Virginia topics →

West Virginia puts no cap on security deposits, but the landlord must return the deposit with a written itemization within 60 days after the tenancy ends — or within 45 days after a new tenant moves in, whichever comes first.

If damages exceed the deposit and a third-party contractor is needed for repairs, the landlord can take 15 extra days to itemize, but only after sending the tenant written notice of that fact within the original window. A landlord whose failure is willful or in bad faith owes the unreturned deposit plus damages for annoyance and inconvenience equal to one and a half times the amount wrongfully withheld, though anything the tenant still owes in rent is subtracted first. There is no interest, escrow, or separate-account requirement. Pet fees and application fees may be made nonrefundable only by express written agreement — otherwise a refundable pet deposit is treated as part of the security deposit. The whole scheme dates to a 2011 law and does not govern deposit agreements signed before June 10, 2011.

West Virginia security deposits at a glance

Maximum deposit No statutory cap
Return deadline 60 days
Deadline conditions The deposit minus deductions, with a written itemization, must be delivered within the statutory 'notice period': (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 (W. Va. Code 37-6A-1(7), applied by 37-6A-2(a)). So 60 days is the outer limit, and a quick re-rental shortens it. One extension exists: if damages exceed the deposit AND require the services of a third-party contractor, the landlord may take an additional 15 days to deliver the itemization, but only if written notice of that fact is given within the base notice period (37-6A-2(c)). Delivery may be personal or by mail to the tenant's last-known or provided forwarding address; if a mailing comes back undeliverable, the landlord holds the deposit for six months for personal pickup within 72 hours of the tenant's written request (37-6A-2(g)).
Itemization required Yes
Itemization rules A written itemization of damages or other charges must accompany the returned balance within the notice period (37-6A-2(a)). The deposit may be applied only to: unpaid rent including reasonable lease-specified late charges; damages from the tenant's noncompliance less reasonable wear and tear; unpaid utilities billed to and paid by the landlord; reasonable removal/storage costs for the tenant's personal property; and other damages or charges provided in the rental agreement, including third-party contractor repairs (37-6A-2(b)). The landlord must keep itemized deduction records for one year after termination and allow inspection or provide a copy within 72 hours of a written request (37-6A-3).
Separate account required No
Interest owed to tenant No
Account & interest rules No section of article 6A (or anywhere else in ch. 37) requires interest on deposits or a separate, trust, or escrow account — negative check run against the full article text three times, including the enrolled 2011 act.
Pet deposits No separate cap or rules. Under the definition in 37-6A-1(14), a refundable pet deposit is simply part of the 'security deposit' and subject to the whole article; a pet fee escapes the article only if the parties expressly agree, in writing, that it is nonrefundable.
Non-refundable fees allowed Yes
Penalty for violation If the landlord's noncompliance with the article is 'willful or not in good faith,' the tenant is entitled to judgment for (1) the amount of any unreturned security deposit, and (2) damages for annoyance or inconvenience equal to one and a half times the amount wrongfully withheld — but if the tenant owes rent, the court credits the award against the rent due (37-6A-5(a)). Suit lies in magistrate or circuit court where the premises are located (37-6A-5(b)); other remedies are preserved (37-6A-5(c)). No attorney-fee award in this section (fees are available under 37-6A-4 only when a landlord sues to enforce a prohibited waiver clause).
Tenant forwarding-address duty Soft duty: 'It shall be the responsibility of the tenant to provide an accurate address to the landlord' (37-6A-2(g)), but the return clock does NOT wait for an address — the landlord must mail to the last-known address, and an undeliverable return triggers the six-month hold/72-hour pickup mechanism rather than forfeiture.

Notes and caveats

All figures quadruple-read (official section pages twice, official email-view article text, enrolled HB 3202 slip text). PENALTY TRAP (the lead we were given had it wrong): there is NO ~2017 amendment — the 1.5x annoyance/inconvenience penalty is the original 2011 enactment language, verified verbatim against the enrolled act. The code site's 'Bill History' widget for 37-6A-5 lists SB590 (2022), SB147 (2023), and SB165 (2024), which can fool readers into thinking the section was amended those years; all three DIED (SB590 lapsed at sine die 2022-03-12 without Senate concurrence in the House amendment; SB147 was rejected by the House 2023-03-10, Roll No. 638; SB165 died in House Judiciary after 2024-01-15) — the page's 'Signed Bills' list shows only 2011 HB3202. HB4695 (2006), also listed, died in Senate Judiciary. Return-deadline trap: many charts print a flat '60 days' and miss the 45-days-after-re-rental shortener, and some miss that the 15-day extension requires BOTH damages exceeding the deposit AND a third-party contractor, plus timely written notice. Legal Aid WV's mention of a 30-day return window for tenants with federal rental assistance is a federal housing-program rule, not WV statute — do not import it. max_deposit null: verified negative, no cap anywhere in art. 6A or art. 6. nonrefundable_fees_allowed true is definition-based: 37-6A-1(14) recognizes nonrefundable pet and application fees when the parties 'expressly agree, in writing'; the article does not otherwise authorize nonrefundable charges 'however denominated.'

Statute citations

How this record was verified: Direct read of statute text on the official WV Legislature code site (code.wvlegislature.gov): sections 37-6A-1, 37-6A-2, 37-6A-5, and 37-6-5 each read at least three times across two distinct official presentations (individual section pages fetched twice — once via rendered fetch, once via raw curl — plus the official whole-article 'email view' pages /email/37-6A/ and /email/37-6/), with all load-bearing figures matching verbatim (60-day/45-day whichever-shorter return window, 15-day contractor-itemization extension, 1.5x annoyance/inconvenience damages, one-full-period month-to-month termination notice, 6-month hold and 72-hour delivery rules). All of article 6A additionally reconciled character-for-character against the enrolled Committee Substitute for HB 3202 (2011) on wvlegislature.gov — approved by the Governor 2011-04-01, Chapter 149, Acts 2011, effective 2011-06-10 — proving the 1.5x penalty is original 2011 text with no later amendment. Verified negatives (no deposit cap, no interest, no separate account, no late-fee or grace-period statute, no entry-notice statute, no rent-increase-notice statute, no rent-control or preemption statute) run against the full official texts of ch. 37 arts. 6 (all 31 sections), 6A, and 15. Bill outcomes verified on official Bill_Status action tables: dead bills SB590 (2022), SB147 (2023, House-rejected Roll No. 638), SB165 (2024), HB4695 (2006), HB4570/HB4432/HB5155/HB5334 (2026), HB2537/HB2648/HB2828/HB2903 (2025); enacted 2025 acts HB2434 (Stop Squatters Act, Ch. 219, eff. 2025-07-10) and HB3272 (eviction hearing scheduling, Ch. 1, eff. 2025-07-11) confirmed off-topic. 2026 regular session adjourned sine die 2026-03-14 with no on-topic bill passing. Legal Aid WV pages used as corroboration only.