West Virginia Security Deposit Law: How Many Days and What to Do
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, a landlord has 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) to return a security deposit.
| 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 |
| Statute citation | W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 |
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
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) The statutory amount depends on the facts and any conditions in W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5; it is separate from the deposit owed.
West Virginia is one of 36 states where the law sets a multiple of the deposit.
| Rule | States | Share |
|---|---|---|
| The law sets a multiple of the deposit ← West Virginia | 36 | 71% |
| The law names another remedy (forfeiture, fees, damages) | 10 | 20% |
| Read the cited remedy; no multiple is set | 5 | 10% |
Source: W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 · checked 2026-07-14 · n=51 · method: computed from state records · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
What do you have to do before you can claim the penalty?
Send the required information to start the clock.
Does the deadline move if it falls on a weekend or holiday?
West Virginia's general rule for counting legal time periods says: ... within any period of time prescribed or allowed, ... if that day or the last day falls on a Saturday, Sunday, legal holiday, weather or other emergency day, or day of local significance, the next day that is not a Saturday, Sunday, legal holiday, weather or other emergency day, or day of local significance shall be deemed to be the one intended.
(W. Va. Code § 2-2-2). Whether a court applies it to a landlord's deposit deadline depends on the case, so this page does not move the deadline for you.
To be safe: if the last day falls on a weekend or holiday, treat the deadline as passed only after the next business day. Example: October 10, 2026 is a Saturday, so wait until October 12, 2026 before saying the deadline has passed.
What West Virginia law requires of the landlord
The deposit return rule is 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). The law also requires an itemized statement when deductions are made.
- Return window
- 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)
- Itemization
- Required
- Receipts threshold
- No separate threshold recorded
- Interest
- No statewide interest requirement in the verified data.
Is interest owed on a deposit in West Virginia?
West Virginia is one of 37 states where interest is not required by state law.
| Rule | States | Share |
|---|---|---|
| Required by state law | 3 | 6% |
| Owed only in some cases | 11 | 22% |
| Not required by state law ← West Virginia | 37 | 73% |
Source: W. Va. Code §§ 37-6A-1, 37-6A-2, 37-6A-5 · checked 2026-07-14 · n=51 · method: computed from state records · 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.
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