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West Virginia security deposit: 60 days to get it back

The landlord must return the deposit, less lawful deductions, with a written itemization within the 'notice period': the shorter of 60 days after the tenancy ends or 45 days after a new tenant moves in. If damages exceed the deposit and need a third-party contractor, the landlord must give written notice within the notice period and gets 15 more days to itemize.

Double-check before you rely on this. Parts of this page come from legal-aid and other secondary summaries instead of the official statute text. Confirm the deadline and penalty in W. Va. Code §§ 37-6A-1 to 37-6A-6, and check whether a local ordinance changes the rules.

What the law requires

Itemized statement: A written itemization of damages or other charges must accompany the balance. The landlord must keep itemized records of deductions and let the tenant (or agent or attorney) inspect them within 72 hours of a written request, or provide a copy. Allowed deductions include unpaid rent, tenant-caused damage beyond normal wear, unpaid utilities, and removal of abandoned property.
Forwarding address: Not required to start the clock. The landlord may deliver to the tenant's last known address or a forwarding address the tenant provided, and the tenant is responsible for giving an accurate address. If mail is returned undeliverable, the landlord must hold the deposit or notice for six months for pickup.
If the landlord breaks the rules: If the landlord's noncompliance is willful or not in good faith, the tenant may recover the unreturned deposit plus damages for annoyance or inconvenience equal to 1.5 times the amount wrongfully withheld (credited against any rent owed). § 37-6A-5 does not mention attorney fees or court costs.
Deposit cap: No cap in the Act.
Small claims limit: $20,000 in Magistrate Court
Statute: W. Va. Code §§ 37-6A-1 to 37-6A-6 (Residential Security Deposit Act)

If your landlord misses the deadline

Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
Send a written demand by certified mail, keep the receipt, and cite W. Va. Code §§ 37-6A-1 to 37-6A-6. Give a date to respond.
If you still aren't paid, file in Magistrate Court. Deposit claims up to $20,000 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.

What a West Virginia demand letter looks like

Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]

Dear [Landlord name]:

I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].

My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.

[A.] I have not received my deposit or an itemized statement of deductions. Under W. Va. Code §§ 37-6A-1 to 37-6A-6, the time allowed for returning my deposit and sending any required itemized statement has passed. [Confirm the exact deadline in the statute and add it here.]

Preview of the first part of letter one. Yellow marks the parts you fill in.

Common questions

How long does a landlord in West Virginia have to return a security deposit?

What happens if a West Virginia landlord keeps the deposit wrongfully?

If the landlord's noncompliance is willful or not in good faith, the tenant may recover the unreturned deposit plus damages for annoyance or inconvenience equal to 1.5 times the amount wrongfully withheld (credited against any rent owed). § 37-6A-5 does not mention attorney fees or court costs.

Do I have to give my West Virginia landlord a forwarding address?

Not required to start the clock. The landlord may deliver to the tenant's last known address or a forwarding address the tenant provided, and the tenant is responsible for giving an accurate address. If mail is returned undeliverable, the landlord must hold the deposit or notice for six months for pickup.

Where do I sue for my deposit in West Virginia?

Deposit claims up to $20,000 can be filed in Magistrate Court. Check the court's website for current filing fees and forms.

Other states

Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.