Overview
West Virginia security deposit laws are designed to ensure fairness between landlords and tenants by regulating how deposits are handled, including collection, deductions, and return. Clear requirements help protect tenant funds and clarify landlord responsibilities.
Under West Virginia Code § 37-6A-1 to § 37-6A-6, landlords must manage security deposits according to specific legal guidelines. Violations can result in financial penalties and forfeiture of withheld amounts.
This guide covers:
How much landlords can charge
Where deposits must be stored
Rules for returning security deposits
Penalties for non-compliance
Related Statute: W. Va. Code § 37-6A-1 to § 37-6A-6
1. Security Deposit Limits & Storage Requirements
Maximum deposit: West Virginia law does not place a limit on how much a landlord may charge for a security deposit.
Storage requirements: There is no requirement that the deposit be kept in a separate or interest-bearing account, but landlords must maintain accurate records and return deposits in a timely manner.
Tenant notification: Landlords are not legally obligated to disclose where the deposit is held.
Law Reference: W. Va. Code § 37-6A-2
2. Security Deposit Returns & Allowable Deductions
Return deadline: Landlords must return the security deposit within 60 days of the end of the lease and tenant vacating the property. If a new tenant occupies the premises earlier, the deadline is 45 days.
Permissible deductions: Deductions may include unpaid rent, damage beyond normal wear and tear, and costs agreed upon in the lease.
What landlords cannot deduct: Normal wear and tear, such as worn carpet or faded paint, may not be deducted.
Itemized statement required: If any part of the deposit is withheld, a written itemized list of deductions must be provided to the tenant.
Law Reference: W. Va. Code § 37-6A-1, § 37-6A-2
3. Interest Payments & Documentation Requirements
Interest payments: West Virginia does not require landlords to pay interest on security deposits.
Move-in condition report: While not required by statute, landlords and tenants are encouraged to document the unit’s condition at move-in to avoid future disputes.
Tenant review period: Tenants should inspect and document the condition of the premises at both move-in and move-out.
Failure to provide documentation: If a landlord does not return the deposit or provide the required itemized deductions within the specified timeframe, they may lose the right to withhold any portion.
Law Reference: W. Va. Code § 37-6A-2, § 37-6A-3
4. Penalties for Mishandling Security Deposits
West Virginia imposes penalties on landlords who do not follow proper deposit return procedures.
Failure to return the deposit within the statutory deadline may result in the landlord being liable for the entire amount, plus court costs and attorney fees.
Failure to provide an itemized list of deductions can lead to similar penalties and loss of the right to retain any part of the deposit.
Law Reference: W. Va. Code § 37-6A-5, § 37-6A-6
Key Takeaways
There is no maximum security deposit amount under West Virginia law.
Deposits must be returned within 60 days, or 45 days if a new tenant takes possession sooner.
Itemized deductions are required, and landlords cannot deduct for normal wear and tear.
Interest is not required, and separate account storage is not mandated.
Non-compliance may result in forfeiture of the deposit and liability for court costs and legal fees.
By understanding and following West Virginia security deposit laws, landlords can remain compliant, and tenants can better protect their financial interests.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Readers should not act or refrain from acting based on any information included in this post without seeking legal counsel or other professional guidance specific to their situation. The information is provided “as is” without any representations or warranties of any kind, express or implied, including but not limited to the accuracy, completeness, or reliability of the content. Laws and regulations may change and vary by jurisdiction.
