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

In West Virginia, a landlord must return the deposit, with an itemized statement for any deductions, within 60 days of move-out. 60 days, or 45 days after a new tenant moves in, whichever is sooner.

What is the small claims limit for a deposit dispute in West Virginia?

Small claims court in West Virginia handles disputes up to $10,000 (Magistrate Court).

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West Virginia security deposit law

⚠️ Not legal advice. DepositShield is not a law firm and this is not legal advice. This information is not guaranteed to be accurate, complete, or current — laws change and vary by city and situation. Verify it with an official source and consult a licensed attorney or your local tenants’ rights organization before relying on it or acting. Using DepositShield does not create an attorney-client relationship.

Return deadline

60 days

60 days, or 45 days after a new tenant moves in, whichever is sooner.

Small claims limit

$10,000 (Magistrate Court)

What you need to know

• Deposit due within 60 days (or 45 after a new tenant moves in, whichever is sooner).
• Wrongful withholding costs 1.5x plus attorney’s fees.

Itemization: Itemized statement required.

Interest: No interest required.

Deposit cap: No statutory cap.

If they wrongfully withhold: Wrongful withholding: 1.5x the wrongfully withheld amount plus attorney’s fees.

Statute: W. Va. Code § 37-6A-1 et seq.

What’s at stake for you?

Deadlines and penalties are state law — check yours, then lock in the evidence.

Your state

Your security deposit ($)

💰 At stake: your $1,500 deposit.

⏱ Deadline: West Virginia landlords must act within 60 days of move-out. 60 days, or 45 days after a new tenant moves in, whichever is sooner.

⚖️ Your leverage: wrongful withholding could cost your landlord up to $2,250 (Wrongful withholding: 1.5x the wrongfully withheld amount plus attorney’s fees.)

🏛 If it comes to it: small claims in West Virginia handles up to $10,000 (Magistrate Court) — no lawyer needed.

None of this matters without evidence.

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⚠️ Estimates for general information only — not legal advice and not guaranteed to be accurate. State laws change; verify current law before relying on this. Actual outcomes depend on the facts, your local law, and the courts.

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DepositShield is not a law firm and this is not legal advice. This information is not guaranteed to be accurate, complete, or current — laws change and vary by city and situation. Verify it with an official source and consult a licensed attorney or your local tenants’ rights organization before relying on it or acting. Using DepositShield does not create an attorney-client relationship.