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West Virginia security deposit law: deadline, deductions and penalties

Quick answer

In West Virginia, a landlord has 60 days to return the security deposit or send an itemized list of deductions (W. Va. Code §§ 37-6A-2, 37-6A-5). Under West Virginia law, a landlord who wrongfully keeps a deposit can owe up to 2.5 times the amount withheld.

Checked against the statute on October 29, 2026.

60

days for a West Virginia landlord to return the deposit or itemize deductions

The deadline

The landlord must return the deposit, with a written itemization of any deductions, within 60 days after the tenancy ends or within 45 days after a new tenant moves in, whichever is sooner.

What the landlord must send you

A written itemization of any damages or other charges.

Penalty for wrongful withholding

For willful or bad-faith noncompliance, the tenant may recover the deposit owed plus damages of one and a half times the amount wrongfully withheld (W. Va. Code § 37-6A-5).

Read the law

Summary checked against the statute on October 29, 2026. Not legal advice; laws change, so confirm with the source before relying on it.

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Did the landlord send you a written, itemized list of deductions?

West Virginia security deposit FAQ

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

The landlord must return the deposit, with a written itemization of any deductions, within 60 days after the tenancy ends or within 45 days after a new tenant moves in, whichever is sooner.

What must a West Virginia landlord send when keeping part of the deposit?

A written itemization of any damages or other charges.

What is the penalty for wrongfully keeping a security deposit in West Virginia?

For willful or bad-faith noncompliance, the tenant may recover the deposit owed plus damages of one and a half times the amount wrongfully withheld (W. Va. Code § 37-6A-5).

How do I get my security deposit back in West Virginia?

Give your landlord a forwarding address in writing, wait for the 60 days deadline, then send a demand letter by certified mail that cites W. Va. Code §§ 37-6A-2, 37-6A-5 and sets a payment date. If the landlord still doesn't pay, you can file in small claims court in the county where the rental is located.

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