Getting The Deposit Back
W. Va. Code § 37-6A-2 — the balance with a written itemization within sixty days, or forty-five once a new tenant moves in
Within the notice period, itemized. When the tenancy ends, the landlord delivers the deposit, minus any deductions, with a written itemization of the damages and charges, within 60 days of the end of the tenancy or within 45 days of a new tenant moving in, whichever is shorter.
- Rent due, with the reasonable late charges the agreement sets.
- Damage from the tenant's breach of the agreement, less reasonable wear and tear.
- Utilities the tenant owed that the landlord paid.
- Reasonable costs to remove and store the tenant's belongings.
- Other charges the agreement provides, such as a contractor to repair damage the tenant caused.
Those are the only things a landlord may take from the deposit. If the damage is more than the deposit and needs a contractor, the landlord gives written notice of that within the period and then has an additional fifteen days to itemize the repair.
The landlord keeps an itemized record of every deduction for one year after the tenancy ends, and lets the tenant see it, or gives a copy, within seventy-two hours of a written request.
One and a half times more. If the landlord's failure was willful or not in good faith, the tenant may get a judgment for the unreturned deposit plus damages of one and a half times the amount wrongfully withheld, credited against any rent the tenant owes. The case goes in magistrate or circuit court in the county where the rental is.
Delivery may be by hand or by mail to the last known or forwarding address, and the tenant is responsible for giving an accurate one. A pet fee or application fee is not a deposit only if both sides agree in writing that it is nonrefundable.
Sources for this section (4)
- W. Va. Code § 37-6A-1 — Landlord and tenant: definitions
- W. Va. Code § 37-6A-2 — Security deposits
- W. Va. Code § 37-6A-3 — Maintenance of records by landlord
- W. Va. Code § 37-6A-5 — Landlord's noncompliance
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.