How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in West Virginia, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
Two months' rent (a landlord may not demand or receive a deposit exceeding two months' rent) — § 37-6A-3.
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in West Virginia |
|---|---|
| Remedy a tenant's default in payment of rent or other funds due under the lease | Permitted, if substantiated |
| Restore the dwelling unit to its condition at the start of the tenancy (normal wear and tear excepted) | Permitted, if substantiated |
| Recover expenses of acquiring possession from a tenant who fails in good faith to surrender the premises | Permitted, if substantiated |
| Claimed deduction | Permitted in West Virginia |
|---|---|
| Normal wear and tear | Not permitted |
| Any amount without the written itemized statement within 15 days | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
The landlord may withhold only amounts reasonably necessary for unpaid rent, restoring the unit (normal wear excepted), or recovering possession from a bad-faith holdover tenant. Without a written condition statement at the start of tenancy, the landlord must prove by clear and convincing evidence that damage occurred during the tenancy.
In West Virginia the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. W.Va. Code § 37-6A-6(c) ↗
A landlord who withholds in bad faith may be liable for 1.5x the portion wrongfully withheld.
If the landlord fails to comply with any provision of the article, and the noncompliance is WILLFUL or NOT IN GOOD FAITH, the tenant is entitled to judgment for the amount of any unreturned deposit PLUS damages for annoyance or inconvenience equal to 1.5 times the amount wrongfully withheld. If the tenant owes rent, the award is credited against the rent due.
W.Va. Code § 37-6A-5 ↗West Virginia's 15-day return window is among the shortest in the U.S. — a frequent source of landlord noncompliance and a strong tenant lever.
W.Va. Code § 37-6A-6(a) ↗Without a written statement of the premises condition at the start of tenancy, a landlord is barred from recovering for damage/cleaning unless they prove by clear and convincing evidence the damage occurred during the tenancy.
W.Va. Code § 37-6A-5 ↗““I have 60 days to return the deposit.””
The statute gives you 15 days from termination or expiration to return the deposit or provide an itemized statement. A 60-day figure is not the law here.
W.Va. Code § 37-6A-6(a)
““I'm deducting for damages.””
You may withhold only for unpaid rent, restoring the unit (normal wear excepted), or bad-faith holdover costs. Without a written condition statement at the start of tenancy, you must prove the damage by clear and convincing evidence.
W.Va. Code § 37-6A-5, -6
““I'll keep the deposit and you can sue me.””
A willful or bad-faith failure entitles me to my unreturned deposit plus 1.5x the amount wrongfully withheld as damages for annoyance and inconvenience.
W.Va. Code § 37-6A-5
Some widely circulated summaries of West Virginia deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Some summaries | 60 days |
| W.Va. Code § 37-6A-6(a) | 15 days from termination/expiration |
What we follow: 15 days
The official text states 15 days. The "60 days" figure appears to be a data error propagated across secondary sources; the 6% interest also accrues after 15 days.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| W.Va. Code § 37-6A-6(a) | 2026-10-15 | official text ↗ |
| W.Va. Code § 37-6A-5 | 2026-10-15 | official text ↗ |
| W.Va. Code § 37-6A-6(c) | 2026-10-15 | official text ↗ |
Primary reference: W.Va. Code §§ 37-6A-1 to 37-6A-6 (Residential Tenant Security Deposits). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
A self-help letter is the right starting point for a single deposit you can document. Get legal help if:
Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.
West Virginia Security Deposit Return
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The statute does not permit deductions for: normal wear and tear; any amount without the written itemized statement within 15 days.
The landlord. The landlord may withhold only amounts reasonably necessary for unpaid rent, restoring the unit (normal wear excepted), or recovering possession from a bad-faith holdover tenant. Without a written condition statement at the start of tenancy, the landlord must prove by clear and convincing evidence that damage occurred during the tenancy.
Two months' rent (a landlord may not demand or receive a deposit exceeding two months' rent) — § 37-6A-3.
No. Normal wear and tear