Security Deposit Laws in West Virginia
West Virginia does not cap security deposits, requires return with an itemization within 60 days after the tenancy ends (or 45 days after a new tenant moves in, if sooner), and has no statute setting notice for landlord entry.
Last checked . General information, not legal advice.
West Virginia at a glance
- Security deposit limit
- No statewide limit
- State law sets no maximum deposit
- Deposit return deadline
- 60 days
- 60 days after termination, or 45 days after a new tenant moves in, whichever is shorter
- Interest on deposits
- Not required by state law
- Some cities have their own interest rules
- Notice before landlord entry
- No statutory period
- No statute specifies notice
The rules in West Virginia
How much can a landlord charge for a security deposit in West Virginia?
West Virginia law sets no statewide limit on security deposits, so the amount is set by the lease. Check for local rules where you rent.
How long does a landlord have to return a security deposit in West Virginia?
West Virginia rule: 60 days after termination, or 45 days after a new tenant moves in, whichever is shorter.
Does a landlord have to pay interest on a security deposit in West Virginia?
No. West Virginia state law does not require landlords to pay interest on security deposits. Some cities have their own rules.
How much notice must a landlord give before entering a rental in West Virginia?
West Virginia has no statute that sets a notice period for landlord entry, so the lease usually governs. Giving reasonable advance notice is common practice.
Where do the West Virginia rules for residential leases come from?
They come from W. Va. Code 37-6A-1 and W. Va. Code 37-6A-2. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How West Virginia compares
West Virginia is one of 21 jurisdictions with no statewide cap. Its 60-day return deadline is longer than the most common deadline of 30 days; 46 jurisdictions require a faster return.
What this means in practice
Landlords: state the deposit amount, where it is held and how it will be returned in the lease, and send the refund with any deductions in writing within the deadline.
Tenants: record the unit's condition with photos and a move-in checklist, keep your receipts, and give the landlord a forwarding address in writing when you move out.
Both sides: normal wear and tear is generally not deductible. Disputes over deductions usually go to small claims court.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.