Overview
West Virginia security deposit laws are governed by West Virginia Code Chapter 37, Article 6A. West Virginia has no statutory cap on deposits, a lengthy 60-day return period, and relatively minimal state-level regulations compared to other states. A security deposit compliance platform can help landlords track these longer timelines.
Maximum Security Deposit
West Virginia does not set a maximum limit on security deposit amounts. The deposit amount is determined by agreement between the landlord and tenant.
- No statutory cap on deposits
- Market practice typically ranges from 1-2 months' rent
- The deposit amount should be clearly stated in the rental agreement
Pet Deposits
West Virginia allows landlords to charge additional pet deposits without restriction. Service animals and emotional support animals cannot be charged pet deposits under federal fair housing laws.
Return Timeline
Under W. Va. Code § 37-6A-1, landlords must return the security deposit within 60 days after the termination of the tenancy and delivery of possession.
- Must return the deposit or provide a written statement of damages
- The statement should itemize any deductions
- The remaining balance must be returned to the tenant
This is one of the longest return periods in the country.
Interest Requirements
West Virginia does not require landlords to pay interest on security deposits. Any interest earned on the deposit belongs to the landlord.
Storage Requirements
West Virginia law does not mandate that security deposits be held in a separate account or in any specific type of financial institution. Landlords have flexibility in how they manage security deposit funds.
Allowable Deductions
Landlords may deduct from the security deposit for:
- Unpaid rent
- Damages beyond normal wear and tear
- Cleaning costs to restore the unit to its original condition
- Other amounts owed under the rental agreement
Important: Normal wear and tear cannot be charged to the tenant. This includes gradual deterioration from ordinary use such as minor scuffs, faded paint, and worn carpet.
Penalties for Non-Compliance
West Virginia's penalty provisions for security deposit violations:
- If the landlord wrongfully withholds the security deposit, the tenant may sue to recover the amount owed
- The tenant may recover actual damages
- Courts may award reasonable attorney's fees to the prevailing party
- West Virginia does not provide for statutory multiplied damages
Common Compliance Questions
What counts as "normal wear and tear"?
Normal wear and tear includes minor scuffs on walls, slightly worn carpet in high-traffic areas, small nail holes from hanging pictures, and faded paint from sunlight. It does not include large holes in walls, stained or burned carpet, broken fixtures, or damage from pets. When in doubt, document the condition at move-in with dated photos.
How should I document the unit's condition?
Complete a detailed move-in checklist with the tenant, noting existing damage, appliance conditions, and overall cleanliness. Take timestamped photos or video of every room. At move-out, repeat the process. This documentation protects both parties and makes deduction decisions defensible if disputed. Request a demo to learn how Passive automates this process.
Can I deduct for unpaid utility bills?
Only if your lease specifically allows it and the utilities are in your name. If utilities are in the tenant's name, contact the utility company directly—they have their own collection processes. Never make unauthorized deductions, even for amounts you believe the tenant owes.