| Quick Facts | Answer |
| Maximum / Limit | No Limit |
| Receipt Requirement | None |
| Inventory Requirement | None |
| Interest Requirement | None |
To learn about laws on security deposit returns in West Virginia, click here.
Some cities and counties may have regulations which are more restrictive than those presented here. Always check local laws.
Maximum Security Deposit Allowed in West Virginia
There is no limit on how much a landlord can collect for a security deposit in West Virginia. While other states impose a maximum security deposit limit, such as one month’s rent, West Virginia does not.
Can Landlords Charge an Additional Pet Deposit in West Virginia?
In West Virginia, landlords can charge a pet deposit, except for service dogs and emotional support animals.
How Much Rent Can a Landlord Collect Upfront in West Virginia?
There is no limit on the amount of rent that can be collected upfront in West Virginia. Many states have a limit on the amount of rent that can be collected at once, but West Virginia does not. Prepaid rent is not considered part of the security deposit in West Virginia.
Security Deposit Collections in West Virginia
While other states have additional requirements for landlords that collect a security deposit, such as providing certain documentation of the condition of the unit at move-in, West Virginia does not.
Do Landlords Have To Provide a Receipt for the Security Deposit in West Virginia?
Although some states like Washington require a receipt, landlords are not required to provide a receipt for the security deposit in West Virginia.
What Obligations Do Landlords Have To Establish the Condition at Move-in in West Virginia?
West Virginia law does not have specific obligations before a tenancy. While other states like Washington have pre-tenancy obligations like a written inventory of damages, West Virginia does not.
Landlords are always required to ensure their property is habitable and compliant with state and local housing codes.
Security Deposit Holdings in West Virginia
West Virginia law does not require landlords to hold security deposits separate from other funds. Some other states mandate how and where security deposits are held, but West Virginia does not.
Are Tenants Entitled to Interest on Their Security Deposit in West Virginia?
West Virginia law does not require landlords to provide interest on held security deposits.
How Are Security Deposits Accounted for in West Virginia?
Security deposits are not considered taxable income when they are collected.
What Happens to a Security Deposit When the Property is Sold in West Virginia?
When a property is sold in West Virginia, the seller must transfer the security deposit to the new owner, who must handle it according to the same rules.
Sources
- 1 W. Va. Code § 37-6A-1
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“Security deposit” means any refundable deposit of money that is furnished by a tenant to a landlord to secure the performance of the terms and conditions of a rental agreement, or as security for damages to the leased premises. Security deposit does not include:
(A) Rent;
(B) a pet fee; or
(C) application fee: Provided,
That the parties expressly agree, in writing, that a pet fee or application fee is nonrefundable. A security deposit does not include prepaid rent.
Source Link - 2 W. Va. Code § 37-6A-2
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The holder of the landlord’s interest in the premises at the time of the termination of the tenancy, regardless of how the interest is acquired or transferred, is bound by this section and shall be required to return any security deposit received by the original landlord that is duly owed to the tenant. The provisions of this subsection apply whether or not such security deposit is transferred with the landlord’s interest by law or equity, and regardless of any contractual agreements between the original landlord and his or her successors in interest.Source Link
