West Virginia security deposit law

What your landlord is legally required to do after you move out, how long they have, and what it costs them if they get it wrong.

The deadline

Under W. Va. Code §§ 37-6A-2, 37-6A-1(7), a landlord in West Virginia must return your security deposit — together with any required written itemization of deductions — within 60 days. Once that window closes without payment or a proper itemization, the landlord is in violation of the statute.

60 days after termination, shortened to 45 days if the unit is re-rented before the 60 days run. If the tenant owes rent, the award is credited against that debt.

What it costs your landlord

Under W. Va. Code § 37-6A-5(a), a landlord who wrongfully withholds a deposit in West Virginia may be liable for the amount wrongfully withheld plus damages equal to one and one-half times that amount where the failure was willful or not in good faith. That exposure is the reason a formal demand letter works: it is usually cheaper for a landlord to pay you than to argue about it.

How to get your deposit back in West Virginia

1. 1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In West Virginia that's 60 days.
2. 2. Put your forwarding address in writing. In several states a landlord has no obligation until they have it, and having sent it protects your claim.
3. 3. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
4. 4. Send a written demand by certified mail. Cite W. Va. Code §§ 37-6A-2, 37-6A-1(7), state the amount owed, and give a deadline to pay. Certified mail creates the delivery record a judge will want to see.
5. 5. File in small claims if they ignore you. You don't need a lawyer. File in the county where the property is located.

Common questions

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

Under W. Va. Code §§ 37-6A-2, 37-6A-1(7), a West Virginia landlord has 60 days to return the deposit and provide any required written itemization of deductions.

What is the penalty if my landlord keeps my deposit in West Virginia?

Under W. Va. Code § 37-6A-5(a), a landlord who wrongfully withholds may be liable for the amount wrongfully withheld plus damages equal to one and one-half times that amount where the failure was willful or not in good faith.

Do I have to sue to get my security deposit back?

Often not. A formal written demand sent by certified mail puts your landlord on notice of the statute, the deadline they missed and the penalty attached to it — and gives you a dated record that they received it. Small claims court is the fallback if they ignore it.