West Virginia Security Deposit Laws

Security deposit rules protect both landlords and tenants. Here is what West Virginia law says about how much can be charged and when it must come back.

At a glance

What landlords can deduct

• Unpaid rent
• Damage beyond normal wear and tear
• Cleaning to return the unit to move-in condition, where the law or lease allows it
• Other charges the lease and state law permit

Normal wear and tear, such as minor scuffs, faded paint or carpet worn by ordinary use, generally cannot be deducted. Many states require landlords to give an itemized list of deductions with any remaining deposit.

How to protect your deposit

1. Document the unit at move-in and move-out with dated photos; the rental move-in and move-out checklist helps.
2. Give proper written notice before moving out and return all keys.
3. Give the landlord a forwarding address in writing.
4. If the deadline passes, send a written demand, then consider small claims court; see the West Virginia small claims court limit.

More: how to get your security deposit back and what a landlord cannot do. Local ordinances in some cities add stricter deposit rules, such as interest payments. For a dispute, a real estate lawyer or local tenant organization can help.

Sources

1. Nolo: Deadlines for returning security deposits by state
2. iPropertyManagement: Maximum security deposit by state
3. iPropertyManagement: Security deposit laws by state