West Virginia Security Deposit: Your Deadline and Next Step
In West Virginia, a landlord has 60 days or 45 days. The dates you enter below determine which deadline applies.
- Your deadline is whichever comes first: 60 days after your tenancy ended, or 45 days after a new tenant moved in.
Last checked 2026-07-14
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Details of the return rules
In West Virginia, the landlord must return the deposit within 60 calendar days (default notice period under § 37-6A-1(7)(A); the period is the shorter of 60 days after termination or 45 days after a subsequent tenant occupies) or 45 calendar days (alternative notice period under § 37-6A-1(7)(B); applies when this is shorter than 60 days after termination) or 15 calendar days (damages exceed security deposit and require third-party contractor; landlord must give the exceed-deposit notice within the applicable notice period first).
| When it applies | Deadline | Starts from |
|---|---|---|
| default notice period under § 37-6A-1(7)(A); the period is the shorter of 60 days after termination or 45 days after a subsequent tenant occupies | 60 days | after termination of the tenancy |
| alternative notice period under § 37-6A-1(7)(B); applies when this is shorter than 60 days after termination | 45 days | after occupation of the premises by a subsequent tenant |
West Virginia return rule: 60 calendar days (default notice period under § 37-6A-1(7)(A); the period is the shorter of 60 days after termination or 45 days after a subsequent tenant occupies). Check the dates you entered above.
Key facts
| Deadline | 60 calendar days (default notice period under § 37-6A-1(7)(A); the period is the shorter of 60 days after termination or 45 days after a subsequent tenant occupies); trigger: after termination of the tenancy |
|---|---|
| Additional deadline 2 | 45 calendar days (alternative notice period under § 37-6A-1(7)(B); applies when this is shorter than 60 days after termination); trigger: after occupation of the premises by a subsequent tenant |
| Additional deadline 3 | 15 calendar days (damages exceed security deposit and require third-party contractor; landlord must give the exceed-deposit notice within the applicable notice period first); trigger: additional period after the applicable notice period, when landlord gave timely written notice that third-party contractor damages exceed the deposit |
| Penalty formula | if landlord fails to comply with article and noncompliance is willful or not in good faith: tenant entitled to judgment for (1) amount of any unreturned security deposit and (2) damages for annoyance or inconvenience equal to 1.5 times the amount wrongfully withheld (credited against rent if tenant owes rent) |
| Bad faith required | Yes |
| Itemization required | Yes |
| Interest on deposit | No |
| Maximum deposit | No statutory maximum under Article 6A. (Aggregators claiming one- or two-month caps are not supported by the verified code text.) |
| Forwarding address required | No |
| Small claims limit | $20,000 (Magistrate Court civil (W. Va. Judiciary site; Nolo cites § 50-2-1 at $20,000; older sources still say $10,000)) in Magistrate Court (or Circuit Court per § 37-6A-5) |
| Statute citation | W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 |
The landlord says you owe more than the deposit. What now?
Answer the landlord in writing and identify each disputed charge. Choose the "My landlord says I owe more" tab above. Ask for an itemized explanation and keep your response in writing.
A debt collector's notice and a credit report dispute have separate federal rules. Check whether those situations apply to you:
A debt collector's validation notice must state that the debt is assumed valid unless you dispute it within 30 days after receiving the notice. 15 U.S.C. § 1692g(a)(3): unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector
If you dispute the debt in writing within that 30-day period, the collector must stop collecting the disputed part until it mails you verification. 15 U.S.C. § 1692g(b): If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt
If a disputed debt appears on your credit report, you can dispute it with the credit reporting agency, which must reinvestigate free of charge. 15 U.S.C. § 1681i(a)(1)(A): if the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation
What can a landlord deduct in West Virginia?
West Virginia law names a specific rule for 1 of 6 common charges (unpaid rent and fees). For the others, the general wear-and-tear rule applies.
| Charge | Can the landlord deduct it? | Rule | Citation |
|---|---|---|---|
| Cleaning | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 |
| Carpet replacement | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 |
| Painting | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 |
| Nail holes and wall damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 |
| Pet damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 |
| Unpaid rent and fees | Yes | The deposit may be applied to rent due, including reasonable late-payment charges specified in the rental agreement, unpaid tenant-obligated utilities the landlord paid, and other… | W. Va. Code § 37-6A-2(b)(1), (3), (5) |
I never did a move-in inspection. How do I prove the condition?
Collect move-out photos, messages, witnesses, and repair invoices. Put them in date order before responding.
Where do you file if the letter does not work?
Small claims limits in West Virginia depend on the court and the claim: $20,000 (Magistrate Court civil (W. Va. Judiciary site; Nolo cites § 50-2-1 at $20,000; older sources still say $10,000) only). Available sources conflict on whether the magistrate civil limit is $20,000 or $10,000. Check the court and fees.
The state record lists a 5-year period to sue. Check when your claim accrued before counting from it.
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Kanawha | Kanawha County Magistrate Court, Charleston | $20,000 | Statewide filing fee: Confirm current filing and service fees with the magistrate court clerk. | Not verified | Official court website Court page check not recorded |
| Berkeley | Berkeley County Magistrate Court, Martinsburg | $20,000 | Statewide filing fee: Confirm current filing and service fees with the magistrate court clerk. | Not verified | Official court website Court page check not recorded |
| Monongalia | Monongalia County Magistrate Court, Morgantown | $20,000 | Statewide filing fee: Confirm current filing and service fees with the magistrate court clerk. | Not verified | Official court website Court page check not recorded |
See all 59 county small claims courts and filing fees
What happens if the landlord misses the deadline?
if landlord fails to comply with article and noncompliance is willful or not in good faith: tenant entitled to judgment for (1) amount of any unreturned security deposit and (2) damages for annoyance or inconvenience equal to 1.5 times the amount wrongfully withheld (credited against rent if tenant owes rent) Keep statutory damages separate from the deposit and other actual damages.
West Virginia is one of 36 states where the law sets a multiple of the deposit.
How does West Virginia's deadline compare with other states?
West Virginia's return deadline is 60 days. The middle of the comparable state deadlines is ≈30 days. Use the dates and questions above to see which deadline applies to you.
| State | Return rule |
|---|---|
| West Virginia | 60 days |
| Alabama | 60 days |
| Arkansas | 60 days |
| District of Columbia | 45 days |
| Illinois | 45 days |
| Indiana | 45 days |
See all 51 jurisdictions
| State | Return rule |
|---|---|
| Montana | 10 days |
| Alaska | 14 days |
| Arizona | 14 days |
| Hawaii | 14 days |
| Kansas | 14 days |
| Nebraska | 14 days |
| New York | 14 days |
| Vermont | 14 days |
| Florida | 15 days |
| Delaware | 20 days |
| Rhode Island | 20 days |
| California | 21 days |
| Connecticut | 21 days |
| Idaho | 21 days |
| Minnesota | 21 days |
| South Dakota | 21 days |
| Wisconsin | 21 days |
| Colorado | 30 days |
| Georgia | 30 days |
| Iowa | 30 days |
| Louisiana | 30 days |
| Maine | 30 days |
| Massachusetts | 30 days |
| Michigan | 30 days |
| Missouri | 30 days |
| Nevada | 30 days |
| New Hampshire | 30 days |
| New Jersey | 30 days |
| New Mexico | 30 days |
| North Carolina | 30 days |
| North Dakota | 30 days |
| Ohio | 30 days |
| Pennsylvania | 30 days |
| South Carolina | 30 days |
| Texas | 30 days |
| Utah | 30 days |
| Washington | 30 days |
| Wyoming | 30 days |
| Oregon | 31 days |
| District of Columbia | 45 days |
| Illinois | 45 days |
| Indiana | 45 days |
| Maryland | 45 days |
| Mississippi | 45 days |
| Oklahoma | 45 days |
| Virginia | 45 days |
| Alabama | 60 days |
| Arkansas | 60 days |
| West Virginia | 60 days |
| Kentucky | No fixed return deadline |
| Tennessee | No fixed return deadline |
Source: state statute records · checked 2026-07-14 · n=48 fixed rules among 51 jurisdictions · method: first listed return deadline; calendar months plotted as ≈30 days · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
FAQ
How do I confirm the West Virginia deadline?
Use the questions above to match your dates to W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5, and keep proof of each date.
What is the small claims limit in West Virginia?
See the applicable court limits and jurisdictions in the state court guide. West Virginia court guide
City data on this page currently includes Charleston, Huntington, Morgantown, Parkersburg, Wheeling, Martinsburg, Weirton, Fairmont.
Tenant resources
- Legal Aid of West Virginia - Security Depositslegal aid, 866-255-4370
- West Virginia Free Legal Answerslegal aid
- West Virginia Attorney General - Consumer Protectionag consumer in Charleston, 800-368-8808
- West Virginia Judiciary - Magistrate Courtscourt self help
What's next?
What to do if there is no response · How to send your letter · How to write a demand letter
Statute text, sources and changes
Statute says
Upon termination of the tenancy and within the applicable notice period, any security deposit held by the landlord, minus any deductions for damages or other charges, shall be delivered to the tenant, together with a written itemization of any such damages or other charges as provided in subsection (c). ... In the event that damages to the premises exceed the amount of the security deposit and require the services of a third party contractor, the landlord shall give written notice to the tenant, advising him or her of that fact, within the applicable notice period. If notice is given as prescribed in this subsection, the landlord shall have an additional fifteen day period to provide an itemization of the damages and the cost of repair.
What this means
Sources
- https://law.justia.com/codes/west-virginia/chapter-37/article-6a/section-37-6a-2/ · accessed 2026-07-14
- https://law.justia.com/codes/west-virginia/chapter-37/article-6a/section-37-6a-1/ · accessed 2026-07-14
- https://code.wvlegislature.gov/37-6A-2/ · accessed 2026-07-14
- https://legalaidwv.org/legal-information/how-to-get-your-security-deposit-back-2/ · accessed 2026-07-14
- https://www.courtswv.gov/lower-courts/magistrate-courts · accessed 2026-07-14
Changes
- : Record verified against the cited statute.
Verified 2026-07-14 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6