West Virginia Security Deposit Return: The 15-Day Deadline (2026)

How long a landlord has to return your deposit, and what you can claim if they miss it

At a glance

Who this covers — and who it does not

This page covers residential security deposits in West Virginia, where a landlord has kept some or all of a deposit after a tenancy ends.

It does not cover:

Lease terms and local ordinances can change what applies. Where a city has its own deposit rules, those may differ from the state statute below.

What the statute actually says

15days

Measured from Termination or expiration of the tenancy.

The landlord must, within 15 days from the date of termination or expiration of the tenancy, return the security deposit (with any interest earned) or furnish a written statement and itemized list showing the specific reasons for withholding, together with the remaining balance. The landlord is liable for 6% annual interest on any deposit due and unpaid after 15 days.

W.Va. Code § 37-6A-6(a) ↗

Penalties

Working out your own deadline

The clock does not start on the day you decided to leave. In West Virginia it starts Termination or expiration of the tenancy — for most leases that is the date you hand back the keys, not the date your notice period began.

  1. Find the date you vacated and returned the keys. Write it down; everything else depends on it.
  2. Add 15 calendar days. Count calendar days, not business days.
  3. If the landlord has provided a forwarding address, check the statute for whether the deadline is shortened — in some states it is.
  4. Note the date the deadline falls on. If the deposit has not arrived by then, the clock for the penalty starts running.

Common landlord defences and how to answer them

““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

Sources and how to verify them

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.

StatuteLast verifiedSource
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.

When you need a lawyer instead of a tool

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.

More West Virginia guides

West Virginia Security Deposit Rules

→ All West Virginia tenant rights topics

Common questions

How long does a landlord have to return a security deposit in West Virginia?

15 days, counted from Termination or expiration of the tenancy. W.Va. Code § 37-6A-6(a).

Can I claim more than my deposit back in West Virginia?

A landlord who withholds in bad faith may be liable for 1.5x the portion wrongfully withheld. W.Va. Code § 37-6A-5

Does the 15-day deadline in West Virginia start when I give notice or when I move out?

It runs from Termination or expiration of the tenancy — the date you vacated and returned the keys, not the date your notice period began.

Do I need a lawyer to file a deposit claim in West Virginia?

No — West Virginia Magistrate Court handles civil claims up to $10,000. §37-6A-5(b) expressly grants magistrate or circuit court jurisdiction for actions under this article.