| Quick Facts | Answer |
| Acceptable Deductions | Unpaid rent, utilities, and late fees
Costs of damage Costs due to tenant’s noncompliance Costs of property removal and storage Charges outlined in lease |
| Return Deadline | 45 or 60 days |
| Itemized Deductions | Required |
| Penalty for Late Return | 2½x Amount Due + Court Costs |
For laws on security deposit collections and holdings in West Virginia, click here.
Some cities and counties may have regulations which are different from those presented here. Always check local laws.
Security Deposit Deductions in West Virginia
West Virginia allows these deductions from a security deposit:
- Unpaid rent, utilities, and late fees
- Costs of damage excluding normal wear and tear
- Costs of damage due to tenant’s noncompliance with the lease agreement
- Costs of removal and storage of the tenant’s property
- Other charges as outlined in the lease
Most states, including West Virginia, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable and reflect actual landlord expenses.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What Is Considered Normal Wear and Tear in West Virginia?
“Normal wear and tear” is damage and deterioration to a property that happens over time using an ordinary and reasonable level of care. Normal wear and tear includes things like:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Excessive damage” means any careless, reckless, or intentional damage that occurs because of someone on the property with the tenant’s permission. Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in West Virginia?
Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in West Virginia?
West Virginia landlords can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in West Virginia?
West Virginia law allows landlords to charge for reasonable cleaning costs. This means the cost is consistent with normal area rates for cleaning services. The scope of the cleaning which can be deducted also is limited to restoring the rental unit’s condition when the lease began.
Landlords cannot charge for excessive deep cleaning or at a rate that is not typical for local cleaning services.
Can the Landlord Charge for Painting in West Virginia?
West Virginia landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Can a Security Deposit Be Used for Last Month’s Rent in West Virginia?
West Virginia law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Returns in West Virginia
Landlords must return a security deposit within 45 days after the next tenant moves in or within 60 days after the lease term ends, whichever is earlier. If the landlord intends to make deductions, they must include an itemized statement of deductions.
How Long Do Landlords Have To Return Security Deposits in West Virginia?
West Virginia landlords have 45 or 60 days to return any remaining portion of a security deposit, whichever is earlier:
- 45 days after the next tenant moves in; or
- 60 days after the lease term ends
Do Landlords Owe Interest on Security Deposits in West Virginia?
Unlike in some states, such as New Jersey, landlords in West Virginia do not owe interest on security deposits.
How Do Landlords Give Notice in West Virginia?
Written notice must be mailed or hand-delivered to the address provided by the tenant and must include the amount of the security deposit due, if any, to the tenant, plus an itemized statement of deductions.
If the notice is returned as undeliverable and hand-delivery is not reasonably possible, the landlord must keep the security deposit or notice for at least six months.
If the tenant or their agent requests the security deposit in writing during that time, it must be hand-delivered to the tenant at the landlord’s place of business within 72 hours.
Security Deposit Disputes in West Virginia
If landlords do not return the security deposit within the required time period, tenants can file in court for the return of the amount, plus damages up to one and one-half times the amount wrongfully withheld, plus court costs.
Tenants can also take legal action against a landlord for:
- Failure to provide written notice when deductions are made
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in West Virginia?
If a landlord fails to return the security deposit, the tenant can file a dispute in Small Claims Court if the amount of damages is less than $10,000. If the amount is greater, the tenant must file in the local Circuit Court.
A small claims case must be filed within 5 or 10 years depending on whether the lease agreement was oral or written. An attorney is not required but permitted. Cases are filed in the Small Claims Court for the county where the rental property is located. Filing fees are $50 to $70 depending on your claim amount.
Sources
- 1 W. Va. Code § 37-6A-2(a) & (b)
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(a) Upon termination of the tenancy and within the applicable notice period, any security deposit held by the landlord, minus any deductions for damages or other charges, shall be delivered to the tenant, together with a written itemization of any such damages or other charges as provided in subsection (c).
(b) Upon termination of the tenancy, any security deposit held by the landlord may be applied by the landlord only to:
(1) The payment of rent due, including the reasonable charges for late payment of rent specified in the rental agreement;
(2) The payment of the amount of damages which the landlord has suffered by reason of the tenant’s noncompliance with the rental agreement, less reasonable wear and tear;
(3) The payment of unpaid utilities that were billed to and paid by the landlord, are the obligation of the tenant under the rental agreement and unpaid by the tenant;
(4) The payment of reasonable costs for the removal and storage of the tenant’s personal property. The landlord may dispose of the stored personal property pursuant to the provisions of subdivisions (1) through (3), subsection (h), section three, article three-a, chapter fifty-five of this code; and
(5) To other damages or charges as provided in the rental agreement, including but not limited to, paying for the services of a third party contractor to repair damages to the property caused by the tenant.
Source Link - 2 W. Va. Code § 37-6A-1(7)
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“Notice period” means:
(A) within 60 days of the termination of the tenancy; or
(B) within 45 days of the occupation of the premise by a subsequent tenant, whichever time period is shorter.
Source Link
- 3 W. Va. Code § 37-6A-2(g)
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For the purposes of this section, the delivery to a tenant of a security deposit and/or any notice prescribed by this section, may be accomplished by either personal delivery to the tenant, or by mailing the deposit and/or notice to the tenant’s last known address or forwarding address as provided by the tenant. It shall be the responsibility of the tenant to provide an accurate address to the landlord. If personal delivery is not reasonably possible and a deposit or notice mailed to the tenant at his or her last known address or forwarding address provided is returned as non- deliverable, then the landlord shall hold the deposit or notice for the period of six months, to be personally delivered to the tenant, or his or her authorized agent or attorney, at the landlord’s place of business during normal business hours within seventy-two hours after a written request is received from the tenant.
Source Link - 4 W. Va. Code § 37-6A-5
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(a) If a landlord fails to comply with any of the provisions of this article, and such noncompliance is willful or not in good faith, the tenant is entitled to a judgment for:
(1) The amount of any unreturned security deposit; and
(2) Damages for annoyance or inconvenience resulting from the landlord’s nonconformance equal to one and a half times the amount wrongfully withheld, unless the tenant owes rent to the landlord, in which case, the court shall order an amount equal to any amount awarded to the tenant pursuant to this subsection to be credited against any rent due to the landlord.
(b) Jurisdiction for any civil action brought pursuant to this article shall be in magistrate court or circuit court in the county where the residential rental premises or units are located.
(c) This section does not limit rights or remedies available to a landlord or tenant under any other law.
Source Link - 5 W. Va. Code § 50-3-1a
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Except as otherwise provided by law, costs shall be assessed against the losing party or parties.
Source Link
- 6 W. Va. Code § 50-2-1
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Except as limited herein and in addition to jurisdiction granted elsewhere to magistrate courts, such courts shall have jurisdiction of all civil actions wherein the value or amount in controversy or the value of property sought, exclusive of interest and cost, is not more than $10,000.
Source Link
