West Virginia Security Deposit Law: Limits, Deadlines, and Penalties
What West Virginia landlords can charge, when deposits must be returned, and what it costs to get it wrong. Last reviewed 2026-08-12.
How much can a landlord charge in West Virginia?
West Virginia law does not cap residential security deposits. Landlords commonly charge one month's rent, but the amount is set by the lease, not statute.
West Virginia sets no statutory rules or limits on pet deposits; they are governed by the lease like any other deposit.
When must the deposit be returned?
The deposit and itemization must be delivered within the statutory notice period: 60 days after the tenancy terminates or 45 days after a new tenant takes occupancy, whichever comes first. If damage exceeds the deposit and the landlord hires a contractor, notice to the tenant extends the itemization deadline by 15 days. Delivery may be personal or by mail to the tenant's last known or forwarding address.
The landlord must deliver a written itemization of any damages or other charges along with the remaining balance. If the mailed refund is undeliverable, the landlord must hold it for six months for the tenant to claim.
What happens if a landlord misses the deadline?
A tenant may recover the wrongfully withheld deposit, and where the landlord's noncompliance is willful or not in good faith, additional damages for annoyance and inconvenience equal to one and a half times the amount wrongfully withheld. The statute does not provide for attorney fees, and any award is credited against rent the tenant still owes.
Interest and holding requirements
West Virginia does not require landlords to pay interest on security deposits.
No statutory requirement. West Virginia does not require a separate account, escrow, receipt, or disclosure of where the deposit is held.
What West Virginia landlords get wrong
West Virginia's deadline is unusual: it shortens if you re-rent quickly, since the clock is 60 days from termination or 45 days from a new tenant's occupancy, whichever is shorter — so filling a vacancy fast also accelerates your refund obligation. Permitted deductions are broad (unpaid rent and late fees, damage beyond wear and tear, utilities, removal and storage of tenant property, and other lease-specified damages), but every deduction needs a written itemization. If repair costs exceed the deposit and you hire a contractor, notify the tenant within the notice period to claim an extra 15 days for the itemization. The 1.5x damages multiplier applies only to willful or bad-faith violations.
The law itself
Frequently asked questions
How long does a landlord have to return a security deposit in West Virginia?
Within 60 days after your tenancy ends, or within 45 days after a new tenant moves into the unit, whichever period is shorter. The landlord may hand-deliver or mail the balance and an itemized list of deductions to your last known or forwarding address. One extension exists: 15 extra days for the itemization if damage exceeds the deposit and a contractor is hired, with notice to you.
What can a landlord deduct from a security deposit in West Virginia?
Unpaid rent including agreed late fees, damage beyond normal wear and tear, unpaid utility charges the landlord got billed for, the reasonable cost of removing and storing property you left behind, and other damages the rental agreement specifically provides for. Every deduction must appear on a written itemization delivered with whatever balance remains. Ordinary wear from normal living cannot be charged.
What is the penalty if a West Virginia landlord wrongfully withholds a deposit?
You can sue in magistrate or circuit court to recover the amount wrongfully withheld, and if the landlord acted willfully or in bad faith, an additional one and a half times that amount as damages for annoyance and inconvenience. The statute does not award attorney fees, and if you owe back rent, the court credits your award against it.
Is there a limit on security deposits in West Virginia?
No. West Virginia sets no statutory cap on residential security deposits, requires no interest, and does not regulate where the landlord keeps the money. One month's rent is the market norm. Because there is no cap, read the lease carefully — the deposit amount and any additional pet or damage deposits are enforceable as written in the agreement.
Keep reading
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Start Free TrialThis page is general information, not legal advice. Statutes change — verify against the official text linked above or consult a local attorney before acting.