West Virginia Security Deposit Law (2026): Deadlines, Interest & Penalties
Under W. Va. Code § 37-6A-1 to -6, a West Virginia landlord must return a tenant's security deposit within 60 days of move-out and is not required to pay interest on the deposit. Fail to comply, and the tenant may recover actual damages + 1.5x wrongfully withheld. Plug your lease dates and deposit amount into the calculator above for a statute-based breakdown.
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West Virginia Deposit Rules at a Glance
| Return deadline | 60 days after move-out 60 days after tenancy ends OR 45 days after new tenant moves in, whichever is shorter |
|---|---|
| Interest on deposit | Not required |
| Separate account required | No |
| Deposit limit | No limit |
| Penalty for violations | Actual damages + 1.5x wrongfully withheld |
West Virginia Security Deposit FAQ
How long does a landlord have to return a security deposit in West Virginia?
In West Virginia, a landlord must return the security deposit within 60 days after the tenancy ends, under W. Va. Code § 37-6A-1 to -6. Note: 60 days after tenancy ends OR 45 days after new tenant moves in, whichever is shorter.
Does my landlord owe me interest on my security deposit in West Virginia?
No. West Virginia law does not require landlords to pay interest on residential security deposits.
What is the penalty if a landlord misses the deposit deadline in West Virginia?
Actual damages + 1.5x wrongfully withheld. The governing statute is W. Va. Code § 37-6A-1 to -6.
Is there a limit on how much a landlord can charge as a security deposit in West Virginia?
Yes. In West Virginia, the security deposit is limited to No limit.
Does a West Virginia landlord have to keep my deposit in a separate account?
No. West Virginia law does not require landlords to hold security deposits in a separate or escrow account.
Are there exceptions to the 60-day deposit deadline in West Virginia?
Yes — the deadline can vary: 60 days after tenancy ends OR 45 days after new tenant moves in, whichever is shorter. When in doubt, check the statute itself (W. Va. Code § 37-6A-1 to -6) or ask a local tenant-rights organization.
What can I do if my landlord won't return my deposit in West Virginia?
First, send a written demand letter citing W. Va. Code § 37-6A-1 to -6 — our free generator creates one with your amounts filled in. If the landlord still doesn't pay, you can usually file in small claims court, where the penalty exposure is actual damages + 1.5x wrongfully withheld.