Overview
West Virginia law (W. Va. Code § 37-6A-1 et seq.) governs the collection, handling, and return of security deposits. Unlike many states, West Virginia does not cap the amount a landlord may charge — but the law does impose strict requirements on how deposits are returned and what deductions are allowed. Landlords must return the deposit within 60 days and provide an itemized statement of any deductions, or risk forfeiting the right to withhold any portion.
This guide covers everything landlords and tenants need to know about security deposits in West Virginia, including practical examples, checklists, and steps to resolve disputes.
Key Takeaways
- Maximum deposit: No statutory cap (most landlords charge 1–2 months' rent)
- Return deadline: 60 days after the tenant vacates and delivers possession
- Itemized statement: Required with any deductions
- Penalty for non-compliance: Landlord may forfeit the right to withhold any portion of the deposit
- Magistrate Court limit: $10,000
- No pre-move-out inspection required by statute, but strongly recommended
Deposit Limits
West Virginia does not impose a statutory limit on the amount a landlord may charge as a security deposit. Landlords are free to set the deposit at any amount. In practice, most landlords charge between one and two months' rent.
Practical Examples
| Monthly Rent | Typical Deposit (1 month) | Typical Deposit (2 months) |
|---|---|---|
| $700 | $700 | $1,400 |
| $1,000 | $1,000 | $2,000 |
| $1,500 | $1,500 | $3,000 |
Important: While there is no cap, courts may consider an excessively high deposit to be unreasonable or unconscionable, particularly if it effectively prevents tenants from accessing housing. If your deposit seems disproportionately high compared to the rent, you may have grounds to challenge it.
Allowable Deductions
Landlords may only deduct from the security deposit for the following reasons:
- Unpaid rent: Any rent owed at the time of move-out
- Damage beyond normal wear and tear: Costs to repair tenant-caused damage to the property
- Other lease obligations: Unpaid utilities or other charges specified in the rental agreement
- Cleaning: Costs to restore the unit to the condition it was in at the start of the tenancy, beyond normal wear and tear
What Constitutes Normal Wear and Tear?
Understanding the difference between normal wear and damage is critical for both parties:
| Normal Wear and Tear (NOT deductible) | Tenant Damage (Deductible) |
|---|---|
| Minor scuffs and marks on walls | Large holes in walls or doors |
| Small nail holes from hanging pictures | Unauthorized paint colors or wallpaper |
| Worn carpet from regular foot traffic | Stained, burned, or torn carpet |
| Faded paint due to aging or sunlight | Broken windows, appliances, or fixtures |
| Loose door handles from normal use | Pet damage (scratches, stains, odors) |
| Minor wear on countertops and fixtures | Excessive filth requiring professional cleaning |
Common Deduction Scenarios
- Painting: A landlord generally cannot deduct for repainting unless the tenant caused damage beyond normal wear (e.g., painted rooms without permission, left crayon/marker on walls). Normal fading and minor scuffs are not deductible.
- Carpet replacement: Carpet has a typical useful life of 5–10 years. If the carpet was already 8 years old, a landlord cannot charge the full replacement cost for minor stains — only the prorated depreciated value of the remaining useful life.
- Cleaning: A landlord can deduct cleaning costs only if the unit was left materially dirtier than at move-in. Normal dust and light cleaning are not deductible.
Return Timeline
Landlords must return the security deposit within 60 days of the termination of the tenancy and the tenant's delivery of possession. The return must include:
- The remaining deposit amount (if any deductions were made)
- An itemized written statement listing each deduction and the amount charged
Step-by-Step: What Happens After You Move Out
- Day 1: Tenant vacates and returns keys. The 60-day clock starts.
- Days 1–60: Landlord inspects the unit, obtains repair estimates, and prepares the itemized statement.
- Day 60: Deadline for the landlord to either return the full deposit OR send the remaining balance with an itemized list of deductions to the tenant's forwarding address.
- After Day 60: If no deposit or statement is received, the landlord may forfeit the right to withhold any portion of the deposit.
Failure to Comply
If the landlord fails to return the deposit or provide the required itemized statement within 60 days, the landlord may forfeit the right to withhold any portion of the deposit and may be liable for the full deposit amount.
Example: If a landlord withholds $500 for repairs but fails to send the itemized statement within 60 days, the tenant can sue and potentially recover the entire $500 — regardless of whether the deductions were legitimate.
Forwarding Address
The tenant should provide the landlord with a forwarding address in writing to ensure the timely return of the deposit. If no forwarding address is provided, the landlord should mail the deposit to the tenant's last known address.
Tip: Send your forwarding address via certified mail or email with a read receipt so you have proof it was received.
Pre-Move-Out Inspection
West Virginia does not have a statutory requirement for pre-move-out inspections. However, conducting one is strongly recommended to avoid disputes.
Recommended Steps
- At move-in: Take timestamped photos or video of every room, noting any pre-existing damage. Send a copy to your landlord and keep your own.
- Before move-out: Request a walk-through with the landlord at least 1–2 weeks before your lease ends. Walk through each room together and agree on the condition.
- At move-out: Take final photos/video showing the unit's condition when you leave. Keep copies of all cleaning receipts.
A thorough record of the property's condition is your best defense against unfair deductions.
Tenant Move-Out Checklist
Use this checklist to protect your deposit:
- Give proper written notice per your lease terms
- Provide forwarding address in writing (certified mail or email)
- Take timestamped photos/video of every room
- Patch small nail holes and clean thoroughly
- Remove all personal belongings and trash
- Return all keys, garage openers, and access devices
- Request a walk-through with your landlord
- Keep copies of all receipts for cleaning and repairs
- Note the date you vacate — the 60-day clock starts here
Landlord Deposit Checklist
Best practices for landlords to stay compliant:
- Set a reasonable deposit amount (typically 1–2 months' rent)
- Document unit condition at move-in with photos/video
- Hold the deposit for the duration of the tenancy
- Inspect the unit promptly after the tenant vacates
- Prepare an itemized written statement of all deductions
- Return the deposit (or balance + statement) within 60 days
- Mail to the tenant's forwarding address or last known address
- Keep copies of all documentation for at least 5 years
Dispute Resolution
If a tenant believes their deposit was wrongfully withheld, there are several avenues for resolution:
Step 1: Send a Demand Letter
Write a formal letter to your landlord that includes:
- Your name and the rental property address
- The amount of deposit paid and date
- The date you vacated the unit
- A specific request for the return of the deposit (or the disputed portion)
- A deadline (typically 7–14 days)
- A statement that you will pursue legal action if the deposit is not returned
Send the letter via certified mail with return receipt so you have proof of delivery.
Step 2: File in Magistrate Court
If the demand letter does not resolve the issue:
- Filing limit: Up to $10,000 in West Virginia Magistrate Court
- Filing fee: Approximately $25–$65 depending on the county
- No attorney required: Magistrate Court is designed for self-representation
- What to bring: Your lease, move-in/move-out photos, the demand letter, proof of forwarding address, and any communication with the landlord
Step 3: File a Complaint
You can also file a complaint with the West Virginia Attorney General's Consumer Protection Division:
- Online at ago.wv.gov
- By phone: (800) 368-8808
Possible Outcomes
Courts may award the tenant:
- Return of the full deposit amount wrongfully withheld
- Forfeiture of the landlord's right to withhold any portion if the 60-day deadline was missed
- Courts will consider the landlord's good faith in determining whether additional damages are appropriate
Related West Virginia Resources
- West Virginia Landlord-Tenant Law Overview — Full coverage of eviction procedures, lease agreements, and tenant rights
- West Virginia Attorney General — Consumer Protection — Official state resource with complaint filing
- W. Va. Code § 37-6A (Security Deposits) — Full text of the security deposit statute
Frequently Asked Questions
How long does a landlord have to return a security deposit in West Virginia?
West Virginia landlords must return the security deposit within 60 days of the termination of the tenancy and the tenant's delivery of possession. The return must include an itemized written statement of any deductions.
Is there a limit on how much a landlord can charge for a security deposit in West Virginia?
No. West Virginia does not impose a statutory cap on security deposit amounts. Landlords are free to set the deposit at any amount, though most charge between one and two months' rent. Courts may consider excessively high deposits to be unconscionable.
Can a West Virginia landlord keep the security deposit for normal wear and tear?
No. Landlords may only deduct for damage beyond normal wear and tear. Minor scuffs, small nail holes, and worn carpet from regular use are considered normal wear and are not deductible.
What happens if my landlord doesn't return my deposit within 60 days?
If the landlord fails to return the deposit or provide an itemized statement within 60 days, the landlord may forfeit the right to withhold any portion of the deposit. The tenant can file a claim in Magistrate Court to recover the full amount.
Does West Virginia require a pre-move-out inspection?
No. West Virginia does not have a statutory requirement for pre-move-out inspections. However, it is strongly recommended that both landlords and tenants document the unit's condition at move-in and move-out with photos and video.
Can a landlord charge for painting after I move out in West Virginia?
Generally, no — unless you caused damage beyond normal wear and tear, such as painting rooms without permission or leaving significant marks on walls. Normal fading and minor scuffs from everyday living are not deductible.
What can I do if my landlord won't return my security deposit in West Virginia?
You can send a formal demand letter, file a claim in Magistrate Court (up to $10,000), or file a complaint with the West Virginia Attorney General's Consumer Protection Division. If the landlord missed the 60-day deadline, you may recover the full deposit amount.
Do I need to give my landlord a forwarding address in West Virginia?
While not legally required, providing a forwarding address in writing is strongly recommended. It ensures timely return of your deposit and demonstrates good faith, which is helpful if disputes arise later.