Reference: the security deposit rule in each state and covered city. To settle a deposit, use the free Deposit settlement tool.

Reference

Security deposit rules in West Virginia

West Virginia: return the deposit within 60 calendar days of the end of the tenancy. If 45 days after a new tenant moves in falls before 60 days after termination, that earlier date governs. The brief's start enum has no new_tenant value. 75 calendar days after the end of the tenancy if damages exceed deposit contractor needed (If damages exceed the deposit and need a third-party contractor and the landlord gives written notice within the notice period, an additional 15 days for the itemization (37-6A-2(c)). Modelled as 75 days after termination (60 + 15)). Interest: no. Penalty if the violation is willful or intentional: 1.5x the amount withheld on top of the refund. (W. Va. Code 37-6A-1, 37-6A-2, 37-6A-5)

The rule in plain words

Return by: 60 calendar days after the end of the tenancy.
Deductions allowed: unpaid rent, late fees, damage beyond wear, unpaid utilities, moving and storage, other lease obligations. Normal wear and tear never. Depreciation: none.
Interest: No.
Penalty: 1.5x the amount withheld on top of the refund if the violation is willful or intentional.

The rule text

Upon termination of the tenancy and within the applicable notice period, any security deposit held by the landlord, minus any deductions for damages or other charges, shall be delivered to the tenant, together with a written itemization of any such damages or other charges as provided in subsection (c).

W. Va. Code 37-6A-2(a). Source: W. Va. Code 37-6A-2 Security deposits, read 2026-10-09.

Research notes (1)

How we sourced this rule: where the text was read and what we could not check.

Signed-bill history for 37-6A-1, -2, -5 shows only 2011 HB 3202; 2022-2024 bills listed did not pass.

Worked example

A $2,000.00 deposit; the tenant moved in on June 1, 2023 and out on September 30, 2026. Intended deductions: $300.00 unpaid rent, $150.00 cleaning and a $1,200.00 carpet that was 5 years old.

Return by: November 29, 2026
60 calendar days after the end of the tenancy.
Allowed deductions: $1,500.00
Of $1,650.00 claimed.
Refund due: $500.00
Interest $0.00.

The draft statement for this example

DRAFT ITEMIZED STATEMENT OF SECURITY DEPOSIT
Rule: W. Va. Code 37-6A-1, 37-6A-2, 37-6A-5 (West Virginia)
Move-out date: September 30, 2026

Security deposit held                            $2,000.00
Deduction: Unpaid rent                            -$300.00
Deduction: Carpet                               -$1,200.00
Total deductions                                -$1,500.00
Refund due to tenant                               $500.00
Return by                                   November 29, 2026

Notes:
- Itemized under W. Va. Code 37-6A-1, 37-6A-2, 37-6A-5.

Settle a deposit in West Virginia

required

Where and how much

The state sets the rules; a covered city adds its own.

StateCityAdds the city's ordinance where we cover one.Deposit heldMonthly rentChecks the deposit cap.Units in the buildingInterest depends on it in IL, NY.

Dates

The dates start the clock.

Tenant moved outTenancy startedFor interest and item ages.Lease endedIf not the move-out day.Forwarding address receivedStarts or holds the clock in CT, IA, MN, RI, SD, TX, WY.Tenant's written demand receivedStarts the clock in AZ, KS, MD, MS, OK, SC, UT.New tenant moved inCan start the clock in WI, WV.Notice of claim sentFlorida: the day you sent the notice of your claimReturn period in the lease (days)The lease may set it in CO, ID, ME.

The tenant gave the notice the statute requiresChanges the deadline in AK.Repairs exceed the deposit and need a contractorCan extend the deadline in VA, WV.

Check as of another date

Check as ofDefaults to today. Use it to see where a past or future date stands.

Deductions

What you intend to keep; leave it empty to return everything. An item's age depreciates carpet, paint, blinds and appliances.

Deduction 1

CategoryAmountItem age or install dateNormal wear and tearOrdinary aging: never deductible.

Up to 9 lines.

Documentation

Some states require receipts or dated photos before a deduction stands.

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Computes and cites the published rule; it is not legal advice. You sign the statement: check the statute, your lease and any local ordinance first. Read the disclaimer.

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