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Security deposit · West Virginia

60 days after tenancy ends.

By housr editorsStatute text checked 2026-10-05Legal review pending
A named legal reviewer hasn't signed this page yet. We read and quoted the statute ourselves on 2026-10-05. Until review, this page isn't indexed by search engines. This is information, not legal advice. See legal review.
The short answerW. Va. Code §37-6A-2(a), §37-6A-1(7)
Deadline60 calendar days
Before it appliesOr 45 days after a new tenant moves in, if sooner
If kept in bad faithNot checked yet

The rule

In West Virginia, the clock starts when: tenancy ends. The landlord then has 60 calendar days. The statute says:

“"Notice period" means: (A) within 60 days of the termination of the tenancy; or (B) within 45 days of the occupation of the premise by a subsequent tenant, whichever time period is shorter.”

If repairs need an outside contractor and exceed the deposit, the landlord can get 15 more days after giving written notice.

For example, if you returned the keys on Oct 25, 2026, the date would be Dec 24, 2026. Use the Clock for your own dates.

What the landlord has to send

A written itemization of damages or other charges, delivered with the balance.

“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).”
W. Va. Code §37-6A-2(a)

Do this

On move-out day

Give your forwarding address in writing and keep proof of sending. Photograph every room before you return the keys.

Deductions and wear and tear

West Virginia's statute limits what can be kept to the purposes it lists. We haven't summarised its wear-and-tear language yet; read the section linked above.

For a charge to replace something old, Fair Charge works out a prorated estimate from the item's age and useful life, and says where the useful life comes from. See also the item guides for carpet, paint and cleaning.

If the deadline passes

We haven't summarised West Virginia's penalty section yet.

The usual first step is a written demand that states the date the deposit was due and cites the statute. Our demand letter does that and carries any disputed deductions.

Your next steps

Sources

  1. W. Va. Code §37-6A-2(a), §37-6A-1(7) · checked 2026-10-05

Information, not legal advice. Statutes are quoted from official legislature sites; summaries are ours. Spotted an error? Tell us.