How long does a landlord have to return a security deposit in West Virginia?
Usually by the shorter of two dates: 60 days after the tenancy terminates or 45 days after a subsequent tenant occupies the rental.
If the landlord keeps money, the landlord should provide a written itemization with the deposit balance.
Why is West Virginia not just a 60-day state?
Because the law also has a 45-day branch tied to a new tenant occupying the rental.
If the new-tenant branch produces an earlier date, that earlier date matters.
What if a new tenant moved in quickly?
If a new tenant occupies the rental before the 60-day deadline, count 45 days from that new occupancy date and compare it to the 60-day termination date.
The shorter period controls.
Can the landlord get more time for contractor work?
Sometimes, but not for every repair claim.
If damages exceed the deposit and require a third-party contractor, the landlord can get 15 additional days for itemization only if the required written notice is given within the applicable notice period.
Can a West Virginia landlord deduct for ordinary wear and tear?
No. Reasonable wear and tear is not deductible.
The landlord may deduct for tenant-caused damage beyond reasonable wear and tear and for other allowed categories, such as accrued rent, certain unpaid utilities, removal or storage costs, and lease-authorized damages or charges.
What if the landlord never sent itemization?
If money was kept and no written itemization was sent, that is a serious issue.
Send a written demand for the refund balance, the itemized accounting, and any deduction records. Keep proof that you sent it.
What if the mailed notice was returned?
The tenant is responsible for providing an accurate address.
If personal delivery is not reasonably possible and mailed notice or payment is returned as non-deliverable, West Virginia requires the landlord to hold it for six months. During that period, a written request can require personal delivery during normal business hours within 72 hours.
Can I inspect the landlord's deduction records?
Yes. West Virginia requires the landlord to maintain itemized deduction records for one year after the tenancy ends.
A tenant, authorized agent, or attorney can make a written request to inspect those records, or the landlord may provide a copy, within 72 hours during normal business hours.
What happens if a West Virginia landlord keeps the deposit in bad faith?
If the landlord fails to comply and the noncompliance is willful or not in good faith, the tenant may recover the unreturned deposit plus damages for annoyance or inconvenience equal to one and one-half times the amount wrongfully withheld.
That is not an automatic double- or treble-damages rule. The proof matters.
What proof should I keep?
Keep the lease, deposit proof, termination and possession-return records, forwarding address proof, move-in and move-out photos, any itemization, contractor-extension notice, deduction records, refund records, returned-mail records, and all written messages.
Important
This page provides general educational information and is not legal advice.