West Virginia Security Deposit Laws: No Limit, 60-Day Return Deadline
A complete guide to West Virginia security deposit rules, including the absence of a deposit cap, 60-day return deadline, and penalty provisions.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Governed by foundational property principles established since West Virginia's statehood on June 20, 1863, the state's Security Deposit Act (WV Code § 37-6A) provides a unique framework: while there is no statutory cap on deposit amounts, the state imposes strict return deadlines and significant penalties for noncompliance.
No Statutory Deposit Limit
West Virginia is one of few states that does not impose a maximum security deposit amount. Landlords can charge any amount they consider appropriate. In practice, most landlords charge 1 to 2 months' rent.
Nonrefundable Fees Must Be Disclosed
Any fee that is nonrefundable must be clearly disclosed to the tenant in writing before or at the time of payment. If a fee is not explicitly labeled as nonrefundable, it is presumed refundable.
Return Deadline
Under West Virginia Code § 37-6A-1(7) and § 37-6A-2, the deposit (minus lawful deductions) must be returned within the applicable "notice period," which is defined as:
Itemized Deductions
Landlords must provide a written, itemized list of all deductions when returning (or not returning) the deposit. Allowable deductions include:
- Unpaid rent.
- Damages beyond normal wear and tear.
- Cleaning costs if the unit was left unclean.
- Unpaid utilities the landlord becomes liable for.
- Reasonable costs for removing and storing abandoned personal property.
Penalties for Noncompliance
Under West Virginia Code § 37-6A-5, if a landlord fails to comply with the return deadline or itemization requirements, the tenant is entitled to recover:
- Any security deposit due to the tenant.
- Damages for annoyance or inconvenience resulting from the landlord's nonconformance equal to one and a half (1.5) times the amount wrongfully withheld.
- Reasonable attorney fees.
Such civil actions to recover security deposits are typically filed in the Magistrate Court of the county where the rental property is located.
How Landager Helps
Landager tracks each deposit amount, monitors the applicable return deadline (the shorter of 60 days post-termination or 45 days post-re-occupancy), and generates the required itemized deduction statement — ensuring full compliance.
Sources & Official References
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