West Virginia Security Deposit Law

Maximum deposit

West Virginia sets no limit on the amount of a security deposit (W. Va. Code §§ 37-6A-1 to -6). (W. Va. Code art. 37-6A (no amount limit))

Return deadline

Landlords must deliver the deposit minus deductions, with a written itemization, within 60 days after the tenancy ends or within 45 days after a new tenant moves in, whichever is shorter (W. Va. Code §§ 37-6A-1(7), 37-6A-2(a)). (W. Va. Code § 37-6A-2(a), (c), (g), W. Va. Code § 37-6A-1(7) ('notice period'))

Itemized statement of deductions

Any deductions must be listed in a written itemization delivered with the deposit balance, and landlords must keep itemized deduction records for one year (W. Va. Code §§ 37-6A-2(a), 37-6A-3). (W. Va. Code § 37-6A-2(a), W. Va. Code § 37-6A-3)

Interest on the deposit

West Virginia law does not require landlords to pay interest on security deposits (W. Va. Code art. 37-6A is silent on interest). (W. Va. Code art. 37-6A (silent on interest))

Penalty for wrongful withholding

A landlord whose noncompliance is willful or not in good faith owes the unreturned deposit plus 1.5 times the amount wrongfully withheld, credited against any unpaid rent (W. Va. Code § 37-6A-5(a)). (W. Va. Code § 37-6A-5, W. Va. Code § 37-6A-4 (waiver clauses unenforceable; actual damages and attorney's fees if landlord sues to enforce one))

Where the deposit is held

West Virginia's security-deposit article imposes no escrow, trust or separate-account requirement, so landlords may hold deposits with their own funds (W. Va. Code §§ 37-6A-1 to -6). (W. Va. Code art. 37-6A (all six sections; no account requirement))

Receipt or written notice of the deposit

Nothing in West Virginia's deposit law obliges a landlord to issue a receipt or tell the tenant where the deposit is kept (W. Va. Code §§ 37-6A-1 to -6). (W. Va. Code art. 37-6A (no receipt or holding-notice provision))

Move-in condition checklist

West Virginia does not require a move-in inspection or condition checklist, although a dated record helps a landlord prove damage 'less reasonable wear and tear' later (W. Va. Code §§ 37-6A-2(b)(2), 37-6A-1 to -6). (W. Va. Code art. 37-6A (no move-in inspection provision), W. Va. Code art. 37-6 (no move-in inspection provision))

Pet deposits

In West Virginia a pet fee stays outside the refundable security deposit only if the lease expressly says in writing that it is nonrefundable, and no pet fee or deposit may be charged for an assistance animal (W. Va. Code §§ 37-6A-1(14), 16B-18-5(f)(10)(D)). (W. Va. Code § 37-6A-1(14), W. Va. Code § 16B-18-5(f)(10)(D))

A pet fee that the parties expressly agree in writing is nonrefundable is not a 'security deposit' and need not be returned (§ 37-6A-1(14)); without that written agreement it is treated as part of the refundable deposit. Under the state Fair Housing Act, a reasonable-accommodation request for an assistance animal may not be conditioned on a fee or deposit applied to residents with pets (§ 16B-18-5(f)(10)(D)).

Nonrefundable fees

West Virginia lets a landlord keep a pet fee or application fee as nonrefundable only if the tenant expressly agrees in writing that it is nonrefundable (W. Va. Code § 37-6A-1(14)). (W. Va. Code § 37-6A-1(14), W. Va. Code § 37-6A-1(2), (11) (application fee; rent excludes a nonrefundable fee))

A 'security deposit' is any refundable deposit securing the lease; it excludes rent, prepaid rent, and a pet fee or application fee that the parties expressly agree in writing is nonrefundable (§ 37-6A-1(14)). The article does not otherwise list, cap or ban nonrefundable fees, though § 37-6A-1(11) refers to 'a nonrefundable fee'. Refundable money held as security follows the itemized-return rules of § 37-6A-2.

Small-landlord exemptions

West Virginia's deposit rules cover all residential rental premises and units used for dwelling purposes, with no small-landlord or owner-occupied exemption (W. Va. Code § 37-6A-6(a)). (W. Va. Code § 37-6A-6)

The article applies to every residential rental, including roomers; there is no carve-out by number of units, owner-occupancy or rental type. It does not govern deposit agreements made before the article took effect in 2011 (§ 37-6A-6(b)).

Deposit alternatives and installments

West Virginia has no statute on surety bonds, deposit-waiver products or installment payment of deposits (W. Va. Code §§ 37-6A-1 to -6). (W. Va. Code art. 37-6A (no deposit-alternative provision))