Understanding West Virginia security deposit law helps landlords reduce disputes, avoid improper charges, and stay on top of required deadlines. These rules set clear standards for how deposits must be collected, held, used, and returned.
This guide walks landlords through the full framework, including maximum deposit amounts, storage and interest requirements, permitted deductions, return timelines, and how to handle deposit disputes when they arise.
Statutes Regulating West Virginia Security Deposits
West Virginia’s security deposit laws are set out in West Virginia Code Section 37-6A, which outlines how landlords collect, hold, and return deposits for residential rentals.
Maximum Security Deposit Amounts Under West Virginia Law
West Virginia law does not cap the amount a landlord may collect for a security deposit. As such, each property owner can choose an amount that fits the rental. This lack of a statutory limit applies regardless of lease type, contract length, or similar details.
West Virginia also does not create notable exceptions for deposit limits, so landlords must follow the same rules across all residential rentals.
Security Deposit Storage Regulations
West Virginia does not set any rules for how landlords must store security deposits. The law does not require a specific account type, a receipt, or notice to the tenant. Property owners simply choose a storage method that fits their rental operations.
Security Deposit Interest in West Virginia
West Virginia law does not require landlords to place security deposits in interest-bearing accounts, and landlords do not have to pay interest on any funds they hold.
Making Security Deposit Deductions
Security deposit deductions help maintain the overall condition of a rental property and address financial losses tied to a tenancy. When a tenant causes damage beyond normal wear and tear or leaves unpaid rent, landlords may use the deposit to cover repair costs and outstanding balances needed to restore the unit to a safe, functional condition.
When Landlords Can Deduct
West Virginia landlords may deduct from a tenant’s security deposit for the following reasons:
- Damage beyond normal wear and tear that requires repair
- Unpaid rent still owed when the tenancy ends
- Costs to remove abandoned belongings left in the unit
- Cleaning expenses needed to restore proper living conditions
- Repairing unauthorized alterations or changes made by the tenant
When Landlords Can’t Deduct
West Virginia landlords may not deduct from a tenant’s security deposit for the following reasons:
- Routine upkeep that occurs through typical property use
- Costs tied to age, deterioration, or expected depreciation
- Minor marks or scuffs that do not require real repair
- Standard cleaning or maintenance performed between tenants
- Issues caused by conditions that fall under the landlord’s responsibility
Necessary Documentation to Accompany Deductions
West Virginia law requires landlords to provide tenants with a written, itemized list of all security deposit deductions. The list must outline each charge, including repair costs, unpaid rent, utility fees, or expenses tied to removing abandoned belongings.
What to Do When Deductions are Greater Than the Deposit
Sometimes, tenant damage or unpaid charges exceed the amount held in the security deposit. When that happens, a West Virginia landlord may apply the deposit to the debt and then request payment from the former tenant for the remaining balance. West Virginia law requires the landlord to provide a written itemization of deductions within the timeline set by West Virginia Code Section 37-6A-2. If the tenant still refuses to pay the remaining amount, the landlord may pursue the balance in West Virginia small claims (magistrate) court.
Returning Security Deposits to Tenants
West Virginia law outlines how landlords must return any remaining security deposit funds after making eligible deductions.
Required Timeline for Return
In West Virginia, if the lease specifies a time that the landlord may retain the security deposit after termination, the landlord must return the deposit or provide a written list of deductions within 30 days after that stated time period ends. If the lease does not include a retention period, the landlord must return the deposit or a written list of deductions within 45 days after the tenancy ends and the landlord regains possession of the unit.
Method for Return
Landlords may return a security deposit by check or another reasonable method. If any portion of the deposit is withheld, West Virginia law requires the landlord to provide the tenant with a written, itemized list of deductions within the required timeframe.
Penalties for Late Return
If a landlord misses the 45-day deadline to provide an itemized statement, the tenant may recover the full security deposit. When the landlord’s failure appears willful, a court may also award additional damages equal to the deposit, along with court costs and other allowable fees.
Security Deposit Disputes
Tenants who disagree with how a landlord handles their security deposit have the right to raise a dispute. To do so, they may request documentation, seek written clarification, or pursue mediation or legal action if they believe the landlord mishandled the deposit.
Landlords should use move-in and move-out checklists, stay on top of accounting and bookkeeping, and add clear terms within all lease agreements. Strong documentation, strict adherence to timelines, and solid knowledge of West Virginia laws can also go a long way.
Using Condition Reports to Document Damage
Condition reports let landlords record a unit’s condition at move-in and move-out, making it easier to compare changes, assign responsibility, and support security deposit deductions.
Many landlords turn to property management software to create digital reports, including photos and videos, directly from a smartphone. Strong documentation before move-in and after move-out often makes security deposit deductions straightforward and easier to defend.
Sign up for a free TurboTenant to get started today.
FAQs: West Virginia Security Deposit Law
Can a landlord deduct painting from a security deposit in West Virginia?
A landlord may deduct painting costs only when a tenant leaves damage that goes beyond normal wear and tear. Routine repainting tied to standard turnover remains the landlord’s responsibility and does not qualify for a deduction.
Are nail holes considered normal wear and tear in West Virginia?
Small nail holes from lightweight decor are usually considered normal wear and tear in West Virginia. Larger holes, wall anchors, or excessive markings may qualify as damage, which allows a landlord to deduct the cost of repairs.
Does the landlord or tenant have to pay for carpet cleaning in West Virginia?
A landlord may charge for carpet cleaning only when a tenant leaves stains, heavy dirt, or damage beyond ordinary wear and tear. Basic cleaning linked to regular turnover remains the landlord’s responsibility and does not justify a deduction.
What happens if a landlord doesn’t return a security deposit within 45 days in West Virginia?
If a landlord misses the 45-day deadline, the tenant may seek to recover the full deposit. When a landlord’s delay appears willful, a court may award additional damages along with related court costs.
