State Law Guide · Updated January 2026
West Virginia Security Deposit Laws
Under West Virginia Code § 37-6A-1, West Virginia landlords must return security deposits within 45 days (60 if lease says so) of a tenant moving out. Landlords who wrongfully withhold deposits face penalties of up to Actual damages recoverable.
Quick Answer
In West Virginia, landlords have 45 days (60 if lease says so) to return your security deposit after you move out and provide a forwarding address. The maximum deposit is No statutory limit. If your landlord wrongfully withholds your deposit, you can sue in Small Claims Court (up to $10,000) and may recover Actual damages recoverable under West Virginia Code § 37-6A-1. Landlords must provide an itemized statement of deductions.
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What West Virginia Law Requires
Return Deadline
Landlords have exactly 45 days (60 if lease says so) to return your deposit after you move out. If they make deductions, they must provide an itemized statement explaining each charge with documentation.
Penalties for Violations
Landlords who wrongfully withhold deposits face Actual damages recoverable. You can file in small claims court for amounts up to $10,000without needing an attorney.
Interest Requirements
No interest requirement
Common Deductions Landlords Make
Federal guidelines from HUD and the IRS establish "useful life" standards that limit what landlords can charge. Many common deductions are partially or fully invalid under these guidelines.
Carpet Replacement
Typical: $400-1,3005-year useful life per HUD MAP Guide Appendix 5C. Charges may be reduced or invalid based on how long you lived there.
Heating System
Typical: $200-60015-year useful life per IRS Publication 527. Charges may be reduced or invalid based on how long you lived there.
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HUD/IRS Citations
Useful life depreciation built in
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Frequently Asked Questions
How long does a West Virginia landlord have to return my deposit?
WV default is 45 days. Leases can extend this to 60 days. One of the longer deadlines.
Is there a deposit limit in West Virginia?
No. West Virginia has no statutory limit on security deposits.
Official Resources
- West Virginia Attorney General Consumer Protection(Government)
- Legal Aid of West Virginia(Legal Aid)
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Based on West Virginia Code § 37-6A-1 · HUD Handbook 4350.1 · IRS Publication 527