West Virginia Security Deposit Law
West Virginia landlords must return security deposits within 60 days under W. Va. Code § 37-6A-2. Violations result in damages up to 2× the wrongfully withheld amount.
Key Facts — West Virginia
- Return deadline
- 60 days after move-out
- Governing statute
- West Virginia Code § 37-6A-2
- Short citation
- W. Va. Code § 37-6A-2
- Penalty for violation
- damages up to 2× the wrongfully withheld amount
- Small claims court limit
- $10,000
Generate your demand letter
We generate a formal security deposit demand letter citing W. Va. Code § 37-6A-2 with the exact penalty language. Most landlords respond within 14 days of receiving a formal letter.
Frequently Asked Questions
How many days does a landlord have to return a security deposit in West Virginia?
Under W. Va. Code § 37-6A-2, a West Virginia landlord must return the security deposit — along with an itemized list of any deductions — within 60 days of the tenant vacating the property.
What happens if a West Virginia landlord keeps my deposit illegally?
If your landlord fails to return the deposit within 60 days without a valid reason, damages up to 2× the wrongfully withheld amount. You can pursue this in West Virginia small claims court (limit: $10,000).
Can a landlord in West Virginia deduct for normal wear and tear?
No. West Virginia law, like all US states, prohibits landlords from deducting for normal wear and tear — routine scuffing, minor carpet wear, and faded paint are the landlord's cost of doing business, not the tenant's.
How do I send a security deposit demand letter in West Virginia?
Generate a demand letter citing W. Va. Code § 37-6A-2, sign it, and send via USPS Certified Mail with Return Receipt to your landlord. The certified mail receipt creates a legal paper trail and proves delivery. Give the landlord 14 days to respond before filing in small claims court.
Tenant rights tips — free
Security deposit guides, landlord dispute tactics, and more. One email per week.