West Virginia security deposit laws are detailed under the West Virginia Code §37-6A-1 through §37-6A-6. These laws provide clear guidelines on how landlords must handle security deposits, ensuring both landlords and tenants are aware of their rights and responsibilities under West Virginia law. Please note that rules and regulations may vary by municipality.
West Virginia law does not impose a limit on the amount a landlord can charge as a security deposit. The amount is generally determined by the lease agreement between the landlord and the tenant.
There are no specific statutory requirements in West Virginia regarding how or where the security deposit must be held. Landlords are not required to keep the deposit in a separate account, nor are they required to provide any specific accounting for the funds while they are being held.
West Virginia does not require notifying tenants where their security deposit is held.
West Virginia law does not require landlords to pay interest on security deposits. Therefore, any interest earned on the deposit is not required to be returned to the tenant.
The landlord must return the deposit within the shorter of 60 days after the tenancy terminates or 45 days after the next tenant occupies the premises.
When returning the deposit, landlords must provide a written, itemized statement detailing any deductions from the security deposit within the timeline above. This statement should list the damages or charges deducted from the deposit and the corresponding cost for each item.
West Virginia landlords may deduct from a security deposit for:
If a landlord fails to comply with West Virginia’s security deposit law, including the timely return of the deposit or providing an itemized list of deductions, the landlord may be liable for the entire amount of the deposit. Additionally, the landlord may be required to pay damages equal to one and a half times the amount wrongfully withheld, along with court costs and reasonable attorney fees.
None
DISCLAIMER: Security deposit laws may vary by county or municipality. The information provided by Build Whale, Inc. is for general informational purposes only and should not be construed as legal advice. It is not a substitute for consultation with a qualified attorney. While we strive to provide accurate and up-to-date information, Build Whale, Inc. makes no guarantees or warranties regarding the accuracy, completeness, or reliability of the information presented.