West Virginia's rule on getting a security deposit back turns on a feature the national template does not capture: The cap is No statewide cap. The return deadline is 60 days after termination of the tenancy / surrender of possession, with an itemized list of deductions. Interest: No statewide interest requirement. The controlling authority is W. Va. Code §§ 37-6A-1 to 37-6A-6. Wrongful withholding can support double damages of the amount due plus attorney fees under chapter 37 article 6A.
Key takeaways
- Maximum deposit: No statewide cap
- Return deadline: 60 days after termination of the tenancy / surrender of possession, with an itemized list of deductions
- Interest: No statewide interest requirement.
- Penalties: Wrongful withholding can support double damages of the amount due plus attorney fees under chapter 37 article 6A.
- Primary authority: W. Va. Code §§ 37-6A-1 to 37-6A-6.
Worked example under West Virginia law
The illustration below uses only rules already stated for West Virginia. It is a research hypothetical, not a prediction of what a court will do.
A residential tenant moves out of a West Virginia rental and the landlord has not returned the deposit.
- Check the cap that applied when the deposit was collected: No statewide cap.
- Calendar the return deadline: 60 days after termination of the tenancy / surrender of possession, with an itemized list of deductions
- Interest, if any: No statewide interest requirement.
- If the landlord keeps money without the required accounting: Wrongful withholding can support double damages of the amount due plus attorney fees under chapter 37 article 6A.
West Virginia does not cap residential deposits statewide. Landlords must return deposits with itemization within 60 days. Double damages can apply for wrongful withholding. Magistrate court handles many disputes.
Deposit limits in West Virginia
No statewide cap
When the deposit must be returned
60 days after termination of the tenancy / surrender of possession, with an itemized list of deductions
Interest and accounting
No statewide interest requirement.
Penalties for wrongful withholding
Wrongful withholding can support double damages of the amount due plus attorney fees under chapter 37 article 6A.
Practical process for tenants and landlords
West Virginia does not cap residential deposits statewide. Landlords must return deposits with itemization within 60 days. Double damages can apply for wrongful withholding. Magistrate court handles many disputes.
Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.
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Case law: security deposits in West Virginia
FARMERS MUTUAL INSURANCE COMPANY, a West Virginia Corporation, Plaintiff Below, Appellee v. Hubert Junior TUCKER
…s a member of father's household because he paid no rent or security deposit, signed no lease, had a key to father's apartment, socialized, ate, cooked, did laundry and bathed in father's apartment, and received money from father); Crossett v. St. Louis Fire & Marine Ins. Co., 289 Ala. 598, 269 So.2d 869 (1972) (college student living in a dormitory was a resident of his parent…
On security deposits, FARMERS MUTUAL INSURANCE COMPANY, a West Virginia Corporation, Plaintiff Below, Appellee v. Hubert Junior TUCKER speaks to the West Virginia dispute in this passage: "Crossett v. St. Louis Fire & Marine Ins. Co., 289 Ala. 598, 269 So." The surrounding opinion shows how the court applied that language to the record.
STATE of West Virginia, Plaintiff Below, Appellee, v. Raymond HAYS, Defendant Below, Appellant
…nted a check in the amount of $450.00 to Mr. Riaz Darr as a security deposit for a commercial lease. The appellant testified that he had told Darr that insufficient funds were in the account at the time, and that he (the appellant) asked Darr to hold the checks (the other being for the first month’s rent) until a deposit could be made, and then the appellant would notify Darr w…
On security deposits, STATE of West Virginia, Plaintiff Below, Appellee, v. Raymond HAYS, Defendant Below, Appellant speaks to the West Virginia dispute in this passage: "Mr. Riaz Darr as a security deposit for a commercial lease." The surrounding opinion shows how the court applied that language to the record.
STATE of West Virginia EX REL., Patrick MORRISEY, Attorney General, Respondent v. COPPER BEECH TOWNHOME COMMUNITIES
…Code §§ 37-6A-1 to -6 [2011], entitled “Residential Rental Security Deposits,” which is also included in the “Real Property” chapter of .the West Virginia Code, provides the following explicit direction: “The provisions of this article shall apply to all residential rental premises or units used for dwelling purposes.” W.Va. Code § 37-6A-6. Other statutory sections that explic…
Practitioners open STATE of West Virginia EX REL., Patrick MORRISEY, Attorney General, Respondent v. COPPER BEECH TOWNHOME COMMUNITIES when West Virginia security deposits turns on the distinction in this sentence: "Code §§ 37-6A-1 to -6 [2011], entitled “Residential Rental Security Deposits,” which is also included in the “Real Property” chapter of ." Do not lift it out of the facts the court was deciding.
James Bradley Russell v. Pineview Realty, Inc., a West Virginia Corporation
James Bradley Russell v. Pineview Realty, Inc., a West Virginia Corporation, 165 W. Va. 822 (1980)
…ee, his former landlord, had wrongfully refused to return a security deposit. The appellee-landlord moved for a dismissal for lack of venue. The circuit court, by order entered October 1, 1979, granted the motion and dismissed the complaint. The appellant now contends that the Circuit Court of Kanawha County erred in finding that it did not have venue to consider the case. We a…
On security deposits, James Bradley Russell v. Pineview Realty, Inc., a West Virginia Corporation speaks to the West Virginia dispute in this passage: "The appellee-landlord moved for a dismissal for lack of venue. The circuit court, by order entered October 1, 1979, granted the motion and dismissed the complaint." The surrounding opinion shows how the court applied that language to the record.
Dennis ADAMS and Bonnie Adams v. James GAYLOCK
Dennis ADAMS and Bonnie Adams v. James GAYLOCK, 180 W. Va. 576 (1989)
…e located in Logan County on July 10, 1986, and paid a $100 security deposit and $175 for the first month’s rent. Upon moving into the mobile home, the plaintiffs noticed several defects including a missing window glass, a front door that would not lock, a rear door that left a gap when closed, and two burners on the cook stove that did not work. After a few weeks, when the wea…
On security deposits, Dennis ADAMS and Bonnie Adams v. James GAYLOCK speaks to the West Virginia dispute in this passage: "Logan County on July 10, 1986, and paid a $100 security deposit and $175 for the first month’s rent." The surrounding opinion shows how the court applied that language to the record.
Arthur Deras v. Prime Capitol Properties
Arthur Deras v. Prime Capitol Properties (2021)
…Rylee Place in Mercer County. Petitioner paid respondent a security deposit in the amount of $675. The lease provided that respondent may deduct charges from the security deposit for: Unpaid or accelerated rent, late charges; unpaid utilities; cost of cleaning; deodorizing and/or repairing the property and its contents for which tenant is responsible, pet violation charges, re…
Arthur Deras v. Prime Capitol Properties is worth reading on West Virginia security deposits because the court put the point in its own words: "Rylee Place in Mercer County. Petitioner paid respondent a security deposit in the amount of $675." Use that passage as the starting point, then read the facts that precede it.
Collette Pinkard v. Chad McIntyre
Collette Pinkard v. Chad McIntyre (2024)
…37-6A-2 (2011) because Mr. McIntyre withheld Ms. Pinkard’s security deposit after she moved out.2 1 Ms. Pinkard and Mr. McIntyre are both self-represented. 2 At some point, Ms. Pinkard also filed Case No. 22-C-729, which appears to be a related action that was dismissed on September 19, 2022, and she has included documents 1 The circuit court conducted a bench trial in this ca…
Collette Pinkard v. Chad McIntyre is worth reading on West Virginia security deposits because the court put the point in its own words: "A-2 (2011) because Mr. McIntyre withheld Ms. Pinkard’s security deposit after she moved out.2 1 Ms. Pinkard and Mr. McIntyre are both self-represented. 2 At some point, Ms. Pinkard also filed Case No." Use that passage as the starting point, then read the facts that precede it.
Mimi's Inc. and Harold R. Arbaugh v. BAI Riverwalk
Mimi's Inc. and Harold R. Arbaugh v. BAI Riverwalk (2020)
…ted to the Ivy’s lease; (4) and application of petitioners’ security deposit of $4,895.03 against the claimed damages. 3 provision” contained in the lease agreement. The lease agreement, at paragraph twenty-two, contains a provision titled “failure of performance by tenant” which provides: “[t]enant shall pay all reasonable attorneys’ fees, costs and expenses incurred by Landlo…
On security deposits, Mimi's Inc. and Harold R. Arbaugh v. BAI Riverwalk speaks to the West Virginia dispute in this passage: "Ivy’s lease; (4) and application of petitioners’ security deposit of $4,895.03 against the claimed damages. 3 provision” contained in the lease agreement." The surrounding opinion shows how the court applied that language to the record.
Frequently asked questions
How much can a landlord charge for a security deposit in West Virginia?
No statewide cap
How long does a landlord have to return my deposit?
60 days after termination of the tenancy / surrender of possession, with an itemized list of deductions
What if my landlord keeps the deposit without an itemized list?
Wrongful withholding can support double damages of the amount due plus attorney fees under chapter 37 article 6A.
This guide covers West Virginia residential security-deposit law as of 2026. Commercial leases and local ordinances can differ — verify the statute that applies to your unit.