West Virginia Security Deposit Return Deadline
- Penalty for missing it
- 1.5x (one and a half times) (willful or bad-faith noncompliance — the unreturned deposit PLUS 1.5x the amount wrongfully withheld as damages for annoyance/inconvenience (§37-6A-5))
- The law
- W. Va. Code §§37-6A-1–37-6A-6 (penalty at §37-6A-5)
The rule
60 days after the tenant moves out, OR 45 days after a new tenant moves in — whichever is shorter. If the landlord makes deductions, they get 15 extra days to send the statement (§37-6-1a).
- CORRECTED: 1.5x — West Virginia's unusual penalty; most sources guessing 2x are wrong.
- Longest standard deadline in the US at 60 days.
- No deposit cap under state law.
What happens if your landlord misses the deadline
In West Virginia, a missed deadline seriously weakens your landlord's position. Depending on the circumstances, they may forfeit the right to deduct anything at all, owe you the penalty above, or both. The exact consequence depends on W. Va. Code §§37-6A-1–37-6A-6 (penalty at §37-6A-5) and whether they provided the required itemized statement. Don't assume the money is gone — a missed deadline is often the strongest fact pattern for getting it back.
Your next steps in West Virginia
- Confirm the clock ran. Make sure you provided a forwarding address in writing, and that the full deadline has passed.
- Send a demand letter citing W. Va. Code §§37-6A-1–37-6A-6 (penalty at §37-6A-5) and the 1.5x (one and a half times) penalty. Most landlords pay at this stage.
- If they ignore it, file in small claims. See our walkthrough for the process.
West Virginia deposit questions
How long does my West Virginia landlord have to return my deposit?
60 days after the tenant moves out, OR 45 days after a new tenant moves in — whichever is shorter. If the landlord makes deductions, they get 15 extra days to send the statement (§37-6-1a).
What if my landlord never sends an itemized list of deductions?
In most states — including West Virginia — failing to provide the required itemized statement within the deadline forfeits the landlord's right to withhold anything. Check W. Va. Code §§37-6A-1–37-6A-6 (penalty at §37-6A-5) for the exact rule.
Can I get more than my deposit back in West Virginia?
West Virginia law allows 1.5x (one and a half times) for willful or bad-faith noncompliance — the unreturned deposit PLUS 1.5x the amount wrongfully withheld as damages for annoyance/inconvenience (§37-6A-5). See our penalties guide for how judges apply this.
Source: http://www.legis.state.wv.us/Bill_Text_HTML/2011_SESSIONS/RS/BILLS/hb3202%20sub%20enr.htm · Verified 2026-10-09