Security Deposit Not Returned in West Virginia: What Can I Do?
This page covers getting your security deposit back in West Virginia. It explains the return deadline, the list of charges, what a landlord may take out, and what you can ask a court for.
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Your landlord must give you your deposit, minus any money taken out for damage or other charges. The landlord must also give you a written list of that damage or those charges. The deadline is 60 days after your rental ends, or 45 days after a new tenant moves in, whichever is shorter.
West Virginia Legislature W. Va. Code § 37-6A-2(a) West Virginia Legislature W. Va. Code § 37-6A-1(7)✓ Sources checked October 3, 2026
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After your rental ends, your landlord can use your deposit only for these things. Unpaid rent, including reasonable late charges in your rental agreement. Damage from your not following the rental agreement, less reasonable wear and tear (normal use over time). Unpaid utilities (water, electric, gas) that the landlord paid and you owed under the rental agreement. Reasonable costs to remove and store your belongings. Other charges in the rental agreement, for example paying a contractor to repair damage you caused.
✓ Sources checked October 3, 2026
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Your landlord can give you your deposit or a deposit notice in person. Your landlord can also mail it to your last known address or to the forwarding address you gave. West Virginia law says you must give your landlord an accurate address.
✓ Sources checked October 3, 2026
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Sometimes handing you the deposit or notice is not reasonably possible. Mail sent to your last known or forwarding address may come back because it could not be delivered. Then your landlord must hold the deposit or notice for 6 months. The landlord must hand it to you, or your authorized agent or attorney, at the landlord's place of business during normal business hours. The deadline is 72 hours after the landlord gets your written request.
✓ Sources checked October 3, 2026
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Suppose damage to the home costs more than your deposit and needs a third party contractor. Your landlord must tell you that in writing within the deadline for returning your deposit. After giving that written notice, the landlord has 15 more days to give you a list of the damage and the cost of repair.
West Virginia Legislature W. Va. Code § 37-6A-2(c) West Virginia Legislature W. Va. Code § 37-6A-1(7)✓ Sources checked October 3, 2026
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West Virginia's deposit section does not give you the right to an immediate credit. That means your deposit does not count at once against rent you owe when your rental ends.
✓ Sources checked October 3, 2026
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The holder of the landlord's interest in the home when your rental ends must follow West Virginia's deposit section. That holder must return any deposit the original landlord received that is duly owed to you. This holds however the interest was acquired or transferred, and whatever the original landlord and the new holder agreed between themselves.
✓ Sources checked October 3, 2026
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Your landlord must keep a record of each amount taken from your deposit because you did not follow the rental agreement. The landlord must keep it for 1 year after your rental ends. You, or your authorized agent or attorney, can ask in writing to see it. Within 72 hours, the landlord must let you look at it during normal business hours, or give you a copy.
✓ Sources checked October 3, 2026
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If your landlord breaks the deposit law willfully (on purpose) or not in good faith, you can get a judgment (a court order to pay). The judgment covers any deposit not returned. It adds money for being bothered or put out, equal to 1.5 times the amount kept without a legal right. Example: if your landlord keeps $600 without a legal right, 1.5 times $600 is $900, so you can get $600 plus $900. If you owe your landlord rent, the court must credit the amount awarded against the rent you owe. You get this money only if you win your case and your landlord pays.
✓ Sources checked October 3, 2026
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Suppose your landlord breaks West Virginia's deposit law, and the break is willful (on purpose) or not in good faith. You can get a judgment (a court's final decision) for the deposit not returned to you. You can also get 1.5 times the amount kept without a legal right to it, for annoyance or inconvenience (trouble the landlord caused). For example, if $200 was kept, 1.5 times is $300. If you owe your landlord rent, the court must credit any amount awarded to you under this rule against the rent due. You get this money only if you win your case and your landlord pays.
✓ Sources checked October 3, 2026
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A deposit case under West Virginia law goes to magistrate court or circuit court. File in the county where the rental home is.
✓ Sources checked October 3, 2026
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A rental agreement may not say you give up your deposit rights under West Virginia law. A court will not enforce a clause like that. If your landlord sues using one, you can recover the actual harm you suffered and reasonable attorney's fees (lawyer costs). You get this money only if you win your case and your landlord pays.
✓ Sources checked October 3, 2026
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