West Virginia Security Deposit Law: Deadlines & Penalties
West Virginia landlords must return the security deposit, minus deductions, with a written itemization, within 60 days after the tenancy ends or within 45 days after a new tenant moves in, whichever is shorter. Deductions may cover unpaid rent and late charges, damage beyond reasonable wear and tear, unpaid utilities the landlord paid, removal and storage of belongings left behind, and other charges in the lease.
If damage exceeds the deposit and needs an outside contractor, the landlord must tell the tenant in writing within the same notice period and then gets 15 more days to itemize the costs. Deposits and notices can be mailed to the last known or forwarding address, and tenants are responsible for giving an accurate address. Landlords must keep deduction records for one year and let tenants see them.
If a landlord's failure to follow the deposit law is willful or not in good faith, the tenant can recover the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld. Any rent the tenant owes is credited against the award. These cases can be filed in magistrate court in the county where the rental is located.
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West Virginia: common questions
How long does a West Virginia landlord have to return a deposit?
60 days after the tenancy ends, or 45 days after a new tenant moves in, whichever comes first. The refund must come with a written itemization of any deductions, mailed or delivered to your last known or forwarding address.
Can I see my landlord's records of deductions in West Virginia?
Yes. Landlords must keep itemized records of deposit deductions for one year after the tenancy ends. Within 72 hours of a written request, they must let you inspect them or give you a copy during normal business hours.
What is the penalty for wrongfully keeping a deposit in West Virginia?
If the landlord acted willfully or not in good faith, the tenant can recover the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld. Any unpaid rent you owe is credited against that award.
Where do I sue for a deposit in West Virginia?
In magistrate court or circuit court in the county where the rental is located. Magistrate court hears civil claims of up to $20,000, not counting interest and costs, after a 2025 increase.
Compare nearby states
| State | Return deadline | Itemized list | Small claims limit |
|---|---|---|---|
| West Virginia | 60 days | Required | $20,000 (magistrate court) |
| Kentucky | See statute | Required | $2,500 |
| Maryland | 45 days | Required | $5,000 |
| Ohio | 30 days | Required | $6,000 |
| Pennsylvania | 30 days | Required | $12,000 (magisterial district court) |
| Virginia | 45 days | Required | $5,000 (small claims division of general district court) |
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