How long your landlord has to return your deposit in West Virginia, and your leverage if they don't. General information, not legal advice — confirm the cited statute.
Deadline to return deposit
60 days
Penalty for wrongful withholding
1.5x the wrongfully withheld amount in damages
Statute
W. Va. Code § 37-6A-2
West Virginia note: Up to 60 days (or 45 after a new tenant moves in, whichever is sooner). Source: W. Va. Code § 37-6A-2.
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How to get your deposit back in West Virginia
Give the landlord your forwarding address in writing — in many states the 60-day clock doesn't start until you do.
Send a written demand citing W. Va. Code § 37-6A-2 and the 60-day deadline.
If they miss the deadline or withhold in bad faith, sue in small-claims — West Virginia allows 1.5x the wrongfully withheld amount in damages.
Bring dated move-in and move-out photos; they beat fabricated "damage" deductions.
True for every renter
Send your forwarding address to the landlord IN WRITING — in many states the return clock doesn't even start until the landlord has your written forwarding address — no address, no deadline, no penalty.
Take dated photos (and video) at move-in AND move-out — deposit disputes are won on evidence; timestamped photos defeat fabricated 'damage' deductions, the most common deposit scam.
Normal wear and tear cannot be deducted — faded paint, minor scuffs, worn carpet from ordinary use are the landlord's cost — only actual damage beyond normal use is deductible.
Most states require an itemized statement of deductions — a landlord who just keeps the money without an itemized list (within the deadline) usually forfeits the right to deduct at all.
Missing the deadline often forfeits ALL deductions — in many states a late landlord must return the entire deposit — even for legitimate damage — so the deadline is your leverage.
Small-claims court is the remedy — and often pays multiples — deposit disputes fit small claims (no lawyer needed), and wrongful withholding can win 2x-3x the deposit plus fees in many states.
Watch for the classic deposit scams — never returning it and ignoring you, inventing 'cleaning/damage' fees, or charging for pre-existing issues — all beatable with photos, a written demand, and the statute.
FAQ
How long does a landlord have to return a security deposit in West Virginia?
In West Virginia the landlord must return your deposit, or send an itemized statement of deductions, within 60 days of move-out. Up to 60 days (or 45 after a new tenant moves in, whichever is sooner).
What if my landlord won't return my deposit in West Virginia?
Send a written demand with your forwarding address, then sue in small-claims court. West Virginia allows: 1.5x the wrongfully withheld amount in damages. Keep dated move-in and move-out photos as evidence.
Can a landlord keep my deposit for normal wear and tear in West Virginia?
No. Normal wear and tear — faded paint, minor scuffs, carpet worn from ordinary use — cannot be deducted anywhere. Only actual damage beyond ordinary use, and most states require an itemized list within the deadline.