The short answer
West Virginia is not just a 60-days-from-move-out state.
The landlord generally must return the deposit balance and any required written itemization by the shorter of:
- 60 days after the tenancy terminates
- 45 days after a subsequent tenant occupies the rental
The earlier date controls.
Why the new-tenant date matters
If the rental is occupied by a new tenant before the 60-day period expires, the 45-day branch may make the deadline earlier than a simple 60-day count.
Keep proof of when your tenancy ended, when you returned possession, and any facts showing when the place was re-rented if you know them.
If the landlord keeps part of the deposit
The landlord should send a written itemization explaining the deductions.
If the itemization is vague, missing, late, or does not match the condition evidence, keep the dispute focused on the written list, the amount kept, and the proof behind each charge.
Contractor extension
There is one extra-time branch to watch.
If damages exceed the deposit and require a third-party contractor, the landlord can get 15 additional days to provide itemization only if the landlord gives the required written notice within the applicable notice period.
That does not turn every repair claim into extra time. Save any contractor-extension notice and the date it was sent.
Address and returned mail
Give the landlord an accurate forwarding address in writing and keep proof.
If mailed notice or payment is returned as non-deliverable and personal delivery is not reasonably possible, West Virginia has a six-month hold rule. A written request during that period can matter because the landlord must make the held deposit or notice available for personal delivery during normal business hours within 72 hours after the written request.
What to do in writing
Send a clear written follow-up that states:
- the rental address
- the date the tenancy ended
- the date you returned keys or possession
- your forwarding address
- the deposit amount
- whether a new tenant occupancy date is known
- what refund or itemization you are requesting
Keep a copy and delivery proof.
Official sources used for this guide
Source reviewed: April 2026.
Related
Important
This page provides general educational information and is not legal advice.