Security deposits in West Virginia are regulated by West Virginia Code § 37-6A-1 to § 37-6A-5. Certain municipalities may have local laws that supplement state regulations. To ensure full compliance, verify the regulations applicable in your area.

KEY POINTS AT A GLANCE: West Virginia

Deposit Cap: No

Holding Requirements: No

Interest Required: No

‍Return Window: Varies

COLLECTION & HOLDING REQUIREMENTS

Deposit Cap: West Virginia state law does not currently limit the amount that landlords/property managers can require as a security deposit.

Holding Requirements: West Virginia state law does not currently require security deposits to be held in a bank account within the state, in a separate account, or in an interest-bearing account.

Information Provided to Tenant: West Virginia state law does not currently require landlords/property managers to disclose where the security deposit is held.

Interest on Deposits: West Virginia state law does not currently require landlords to pay interest to tenants on security deposits.

RETURN

Timeline: Landlords/property managers must, within the earlier of 60 days after termination of the tenancy or 45 days after the next tenant first occupies the rental unit, either (1) return the full security deposit to the original tenant, or (2) provide the original tenant with a written itemization of damages or other charges deducted from the security deposit, together with the portion of the security deposit being returned. If the security deposit and written itemization are mailed to the tenant and are ultimately returned to the landlord/property manager as undeliverable, the landlord/property manager must hold the security deposit for 6 months. If a written request for the security deposit is received from the tenant during this period, the landlord/property manager must personally deliver the security deposit and the written itemization to the tenant at the landlord/property manager’s place of business during normal business hours and within 72 hours after the written request is received.

Documentation of Deductions: The written itemization of deductions must specify each deduction to the security deposit and include the cost of repairing any damages. Landlords/property managers must also maintain records of all deductions to a security deposit for one year after termination of the tenancy and permit the tenant to inspect their records at any time during normal business hours, within 72 hours of a written request.

Permissible Deductions: Landlords/property managers may deduct the following from security deposit funds:

• Unpaid rent or late fees
• Unpaid utilities due by the tenant under the lease
• Damages beyond normal wear and tear
• Reasonable costs for the removal and storage of the tenant’s personal property in the event that such property is abandoned
• Other charges due under the lease, including paying for the services of a third-party contractor to repair damages to the property caused by the tenant.

‍Penalties: Failure to return the security deposit or provide a written itemization of deductions as required by West Virginia state law may result in the landlord/property manager being liable for the unreturned security deposit amount, damages up to 1.5x the amount wrongfully withheld, and attorney’s fees and court costs if the tenant wins in a lawsuit.

SALE OF THE RENTAL PROPERTY

The owner of the rental unit at the time of the termination of the tenancy is obligated to return the security deposit.