How Long Does a Landlord Have to Return a Deposit in West Virginia?
In West Virginia, a landlord has 60 calendar days (default notice-period branch 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 branch 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) to return a security deposit. The deadline is measured from this trigger: 60 calendar days (default notice-period branch under § 37-6A-1(7)(A); the period is the shorter of 60 days after termination or 45 days after a subsequent tenant occupies): after termination of the tenancy; 45 calendar days (alternative notice-period branch under § 37-6A-1(7)(B); applies when this is shorter than 60 days after termination): after occupation of the premises by a subsequent tenant; 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): additional period after the applicable notice period, when landlord gave timely written notice that third-party contractor damages exceed the deposit. The verified penalty formula is 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) under W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5.
Key facts
| Deadline | 60 calendar days (default notice-period branch 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 |
|---|---|
| Deadline (branch 2) | 45 calendar days (alternative notice-period branch 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 |
| Deadline (branch 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 |
| Statute citation | W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 |
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
Read the deadline, trigger, and penalty together. Match the date you can prove to the trigger above, then compare the landlord's response to the rule in W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5.
FAQ
Does Charleston have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable West Virginia law and local rules.
What happens if a landlord misses the West Virginia deposit deadline?
The verified penalty formula is 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) under W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5. Keep the move-out date, forwarding address records, and any itemized statement before you act.
Does a demand letter change the legal deadline?
No. The deadline is still 60 calendar days (default notice-period branch 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 branch 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). The deadline trigger is 60 calendar days (default notice-period branch under § 37-6A-1(7)(A); the period is the shorter of 60 days after termination or 45 days after a subsequent tenant occupies): after termination of the tenancy; 45 calendar days (alternative notice-period branch under § 37-6A-1(7)(B); applies when this is shorter than 60 days after termination): after occupation of the premises by a subsequent tenant; 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): additional period after the applicable notice period, when landlord gave timely written notice that third-party contractor damages exceed the deposit. A letter documents the timeline and asks the landlord to resolve the deposit before the next step.
If the deadline passed
Send the letter that starts the clock and keeps the demand tied to the verified West Virginia deadline.
build a West Virginia demand letter
If the landlord stays silent, review landlord ignoring the deadline before choosing the next step.