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Deposits

Security deposit law in West Virginia

West Virginia's cap, return deadline, itemization rule, and wrongful-withholding penalty, with the controlling statute linked.

4 min read

Short answer

West Virginia sets no statutory limit on the security deposit a landlord may collect, and the deposit must be returned within 60 days. Wrongful withholding exposure is up to 2x plus attorney fees. The controlling text is W. Va. Code § 37-6A-1 to 6, verified July 2026; confirm the current statute before acting, since legislatures amend deposit law and cities layer stricter rules on top.

No statutory limit. The return rule is 60 days. The controlling text is W. Va. Code § 37-6A-1 to 6.

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West Virginia's return deadline

60 days.

You have 60 days after the tenancy ends, or 45 days after a new tenant takes possession, whichever is earlier, to return the deposit with an itemized statement of any deductions.

The itemized statement rule

A written itemized statement of damages and their cost is required within the deadline. Tie each line to damage beyond ordinary wear.

Account and interest rules

West Virginia sets no separate-account or interest requirement. Hold the deposit apart from operating cash regardless.

Exposure for wrongful withholding

Up to 2x plus attorney fees.

A landlord who wrongfully withholds is liable for up to twice the amount wrongfully withheld plus court costs and reasonable attorney fees. The itemized statement inside the deadline is the discipline that keeps a deduction defensible.

West Virginia has no statutory deposit maximum

No statutory limit.

Compare West Virginia with neighboring states

  • Ohio: no statutory limit; return rule: 30 days.
  • Pennsylvania: two months' rent (first year); return rule: 30 days.
  • Maryland: one month's rent; return rule: 45 days.
  • Virginia: two months' rent; return rule: 45 days.
  • Kentucky: no statutory limit; return rule: 30 to 60 days.

Verified against W. Va. Code § 37-6A-1 to 6 and official state sources in July 2026. Before withholding money, check the current statute text or ask a local landlord-tenant attorney. General information, not legal advice.

Questions landlords actually ask

Does West Virginia cap residential security deposits?
No statutory limit
What is the security deposit return deadline in West Virginia?
60 days. You have 60 days after the tenancy ends, or 45 days after a new tenant takes possession, whichever is earlier, to return the deposit with an itemized statement of any deductions.
What itemization does West Virginia require?
A written itemized statement of damages and their cost is required within the deadline. Tie each line to damage beyond ordinary wear.
What is the wrongful-withholding exposure in West Virginia?
Up to 2x plus attorney fees. A landlord who wrongfully withholds is liable for up to twice the amount wrongfully withheld plus court costs and reasonable attorney fees. The itemized statement inside the deadline is the discipline that keeps a deduction defensible.