How long a landlord has to return your deposit, and what you can claim if they miss it
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.
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) ↗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 ↗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.
““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
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:
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West Virginia Security Deposit Rules
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15 days, counted from Termination or expiration of the tenancy. W.Va. Code § 37-6A-6(a).
A landlord who withholds in bad faith may be liable for 1.5x the portion wrongfully withheld. W.Va. Code § 37-6A-5
It runs from Termination or expiration of the tenancy — the date you vacated and returned the keys, not the date your notice period began.
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.