West Virginia security deposit law
Did your landlord keep your deposit? Here's what West Virginia law requires — and what they owe you if they broke it.
Return deadline
60 days
Max penalty
1.5x withheld
Small claims limit
$10,000.00
The deadline
Under W. Va. Code § 37-6A-5, your landlord must return your deposit or send an itemized list of deductions within 60 days after you move out.
If they miss it or withhold in bad faith
Damages of 1.5 times the amount wrongfully withheld.
Deductions that usually aren't allowed
- Normal wear and tear (faded paint, light carpet wear, small nail holes)
- Routine repainting or carpet cleaning between tenants
- Damage that existed before you moved in
- Charges with no receipts or itemization
How to get it back
Send a formal demand letter by certified mail citing W. Va. Code § 37-6A-5, give the landlord 14 days to pay, then file in West Virginia small claims court (up to $10,000.00) if they don't.
Check your case in 3 minutes — free
We'll check your dates and every deduction against West Virginia law and show what you're owed.
Run West Virginia auditInformational only, not legal advice. Verify current law before relying on it.