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Renters' Rights · Security Deposit

Security Deposit Laws in West Virginia

The most a landlord can charge, how long they have to return it, and what it costs them to keep your money without cause in West Virginia.

Draft entry: figures pending statute verificationStatute §§37-6A-1, 37-6A-2, 37-6A-5Source code.wvlegislature.gov

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Security deposit at a glance · West Virginia
No cap
West Virginia sets no statutory maximum on a residential security deposit. Your lease sets the amount.
Maximum depositNo limit
Return deadline60 / 45 days (sooner)
Interest to tenantNot required
Separate accountNot required
ItemizationRequired
PenaltyWithheld + 1.5x + fees
Statute§§37-6A-1, 37-6A-2, 37-6A-5

What your landlord can hold, and when it's due back

Enter your rent for the West Virginia maximum, plus the return-deadline clock.

Deposit calculator · West Virginia
Most a landlord can hold
No legal maximum
West Virginia sets no statutory cap; the lease controls the amount.
Return clock: 60 days after the tenancy ends, or 45 days after a new tenant moves in, whichever comes first
The deadline runs after the tenancy ends, or after a new tenant takes possession, whichever period ends sooner. Give your landlord a written forwarding address at move-out so the clock starts.

Estimate only, based on West Virginia's statutory cap. Your lease may set a lower deposit, and local ordinances can be stricter. Not legal advice.

The full rules, with the statute

Every requirement and where it comes from in the code.

Maximum deposit
No statutory limit

Exceptions: West Virginia sets no dollar or monthly cap on a residential security deposit. A landlord and tenant can agree to any amount. Because there is no statutory ceiling, the practical limits are the local market and the general rule that a court can refuse to enforce an unconscionable lease term.

Return deadline
Within 60 days after the tenancy ends, or within 45 days after a new tenant takes possession, whichever is sooner
Interest to tenant
Not requiredWest Virginia does not require a landlord to pay interest on a security deposit, no matter how large the deposit or how long the tenancy lasts.
Separate account
Not requiredState law does not require the deposit to sit in a separate, escrow, or in-state bank account. A landlord may hold the money however they choose.
Itemization
Required when the landlord keeps any part of the deposit. Within the notice period, the landlord must deliver the deposit minus any deductions along with a written itemization of the damages or charges. If the damage costs more than the deposit and needs a third-party contractor, the landlord can give written notice within the period and then has 15 more days to provide the itemization and the cost of repair.

Penalties & recent changes

What happens if the landlord keeps your deposit wrongfully.

If the landlord withholds wrongfully
If a landlord willfully or in bad faith fails to follow the security deposit rules, the tenant can recover the amount wrongfully withheld plus damages equal to one and a half times that amount, along with reasonable attorney fees and court costs. If the tenant owes back rent, the court credits the award against the rent due.

What West Virginia renters get wrong

West Virginia sets no cap on a residential security deposit, so a landlord and tenant can agree to any amount. The return rule is a double deadline: the landlord must return the deposit, with a written itemization of any deductions, within 60 days after the tenancy ends or within 45 days after a new tenant takes possession, whichever comes first. If the damage costs more than the deposit and needs a third-party contractor, the landlord can send written notice within that window and then gets 15 extra days to deliver the itemization. West Virginia does not require the landlord to pay interest or to hold your money in a separate account. If the landlord willfully or in bad faith breaks these rules, you can recover the amount wrongfully withheld plus one and a half times that amount, along with your attorney fees and court costs.

Common questions

Is there a limit on security deposits in West Virginia?

No. West Virginia law sets no dollar or monthly cap on a residential security deposit, so a landlord and tenant can agree to any amount. Some third-party sites claim a two-month cap, but the statute (W. Va. Code 37-6A) contains no such limit.

How long does a landlord have to return my deposit in West Virginia?

Either within 60 days after your tenancy ends or within 45 days after a new tenant takes possession, whichever comes first. If the damage costs more than the deposit and needs a third-party contractor, the landlord can send written notice within that window and then gets 15 more days to send the itemized statement.

Does my West Virginia landlord have to pay interest or use a separate account?

No on both. State law does not require a landlord to pay interest on your deposit or to keep it in a separate or escrow account. The landlord can hold the money however they choose.

What can I do if my West Virginia landlord wrongfully keeps my deposit?

If the landlord acted willfully or in bad faith, you can recover the amount wrongfully withheld plus damages equal to one and a half times that amount, along with reasonable attorney fees and court costs. If you owe back rent, the court credits your award against that rent.

Primary source
→ W. Va. Code §§37-6A-1, 37-6A-2, 37-6A-5
W. Va. Code §§37-6A-1 to 37-6A-5 (Security deposits) · code.wvlegislature.gov
Draft: pending editorial review
Every figure is confirmed by two or more independent sources, and the verbatim text of W. Va. Code 37-6A-1, 37-6A-2, and 37-6A-5 was read on the FindLaw statute mirror (the definition of "notice period", the 60-day/45-day return rule, the itemization duty, the 15-day contractor extension, and the one-and-a-half-times bad-faith penalty). But the official West Virginia Legislature site (code.wvlegislature.gov) returned HTTP 403 and could not be fetched verbatim this session, so the record stays draft until a human opens the official section in a browser. Note: some third-party summaries (for example one property-management site) wrongly state a two-month cap, required interest, an escrow account, and a two-times penalty; those claims are contradicted by the statute text and were rejected. Editorial standards →

Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.

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