West Virginia security deposit law: the notice period, records and 1.5 times damages

What counts as a security deposit?

Section 37-6A-1 defines a security deposit as a refundable deposit of money furnished by a tenant to secure the terms of a rental agreement or as security for damage to the premises. It does not include rent, a pet fee or an application fee, provided the parties expressly agree in writing that the pet fee or application fee is nonrefundable. Prepaid rent is not a security deposit either.

That definition is the reason lease wording matters here. A fee you call nonrefundable but never agreed to in writing as nonrefundable is not safely outside the article. The section I read does not set a maximum deposit amount, so the limit, if any, comes from the lease and from your market.

How long do you have to return it?

Section 37-6A-2 requires the deposit, minus deductions, to be delivered to the tenant with a written itemization within the "notice period." Section 37-6A-1 defines that period as the shorter of two measures: within 60 days of the termination of the tenancy, or within 45 days of a subsequent tenant occupying the premises.

Example a made-up tenant moves out on May 1. Sixty days later is June 30. A new tenant moves in on May 20, and forty-five days after that is July 4. The shorter date is June 30, so the landlord plans to finish by then. If the next tenant had moved in on May 5 instead, forty-five days later is June 19, and that earlier date would govern.

Delivery can be personal or by mail to the tenant's last known or forwarding address. The tenant must give an accurate address. If a mailed deposit or notice comes back undeliverable, you hold it for six months and hand it over in person at your place of business within seventy-two hours of a written request.

What may you take out?

• Rent due, including reasonable late charges specified in the rental agreement.
• Damages from the tenant's noncompliance, less reasonable wear and tear.
• Unpaid utilities that were billed to and paid by you and are the tenant's obligation under the agreement.
• Reasonable costs of removing and storing the tenant's personal property.
• Other damages or charges provided in the rental agreement, such as a third-party contractor who repairs tenant-caused damage.

When damage exceeds the deposit and needs a third-party contractor, subsection (c) lets you give written notice of that fact within the notice period and then take an additional fifteen days to supply the itemization and cost of repair. The tenant is not entitled to apply the deposit against delinquent rent as a credit at the end of the tenancy.

What records must you keep?

Section 37-6A-3 requires you to maintain and itemize records of every deduction for each tenant for one year after the tenancy ends. Within seventy-two hours of a written request you either let the tenant, or an authorized agent or attorney, inspect the records during normal business hours or provide a copy.

A rental agreement may not waive these rights. Section 37-6A-4 makes any such waiver unenforceable, and if a landlord sues to enforce one the tenant can recover actual damages and reasonable attorney's fees.

What is the penalty?

Under section 37-6A-5, if a landlord's noncompliance is willful or not in good faith, the tenant is entitled to a judgment for the unreturned deposit plus damages for annoyance or inconvenience equal to one and a half times the amount wrongfully withheld. If the tenant owes rent, the court credits the award against it. Suits may be filed in magistrate court or circuit court in the county where the unit sits. Section 37-6A-6 applies the article to all residential rental units used for dwelling purposes, but not to deposit agreements made before its effective date.

Tracking this in DoorKeeping

The one-year records rule is the part most owners forget. DoorKeeping keeps the move-in and move-out photos, each deduction line and the date of the notice together on the tenant's file, so a request for the records can be answered the same day. The notice period date is visible on your list, and anything involving money waits for your approval. This is general information, not legal advice. Check the current statute or ask a local attorney before you rely on it.

Sources

1. West Virginia Code 37-6A-1, Definitions (West Virginia Legislature), read Oct 30, 2026
2. West Virginia Code 37-6A-2, Security deposits (West Virginia Legislature), read Oct 30, 2026
3. West Virginia Code 37-6A-3 to 37-6A-6, records, waiver, noncompliance and application (West Virginia Legislature), read Oct 30, 2026

Questions

Is there a maximum security deposit in West Virginia?

The sections of Article 6A that were read set no dollar cap. Check the lease and ask a local attorney if you plan an unusually large deposit.

How long does a West Virginia landlord have to return a deposit?

Within the notice period, which is the shorter of 60 days after the tenancy ends or 45 days after a subsequent tenant occupies the unit.

What does a landlord owe for a willful violation?

The unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld, credited against any rent the tenant owes.