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West Virginia Updated 2026-05-19

West Virginia Security Deposit Rules (2026)

No statutory cap. West Virginia requires return within the SHORTER of 60 days after termination or 45 days after a new tenant occupies the unit, plus an itemized statement of any deductions.

Statute: W. Va. Code § 37-6A

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No statutory cap

West Virginia does not cap deposit amounts.

Return deadline

W. Va. Code § 37-6A-1 — the SHORTER of 60 days after termination of the tenancy OR 45 days after a subsequent tenant occupies the unit. (Earlier drafts had this rule inverted as "whichever is later" — the statute reads "whichever is shorter".) Send balance plus an itemized statement.

Penalties

Wrongful retention exposes the landlord to damages plus possible attorney fees — verify current statute.

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Not legal advice. Proprietio is not a law firm and does not provide legal advice. The content on this page is informational and was researched from publicly available statutes and case law, but state and local landlord-tenant rules change frequently and vary by jurisdiction. For specific situations in West Virginia, consult a licensed attorney in your jurisdiction. Read full disclaimer.