West Virginia Security Deposit Law
West Virginia rules on security deposits for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No statutory cap on the amount of a security deposit. W. Va. Code §§ 37-6A-1, 37-6A-2
The rules in West Virginia
| Security deposit limit | No statutory cap on the amount of a security deposit. Neither the definitions section nor the security-deposit section sets a maximum. A pet fee or application fee is not a security deposit (and can be nonrefundable) only if the parties expressly agree in writing that it is nonrefundable (§ 37-6A-1). Source: W. Va. Code §§ 37-6A-1, 37-6A-2 |
|---|---|
| Deposit return deadline | Within the 'notice period': 60 days after the tenancy ends, or 45 days after a new tenant occupies the unit, whichever is shorter. If damage exceeds the deposit and a third-party contractor is needed, the landlord must give written notice within the notice period and then has an additional 15 days to provide the itemization of damages and repair cost (§ 37-6A-2(c)). |
| Itemized deductions | Landlord must give the tenant a written itemization of any damages or charges deducted from the deposit. Landlord must keep itemized deduction records for 1 year after the tenancy ends and let the tenant inspect or copy them within 72 hours of a written request. Records rule: https://code.wvlegislature.gov/37-6A-3/ |
| Penalty for withholding | If the violation is willful or not in good faith, tenant recovers the unreturned deposit plus damages equal to 1.5 times the amount wrongfully withheld; any award is credited against rent the tenant owes. The tenant does not get an automatic credit of the deposit against unpaid rent (§ 37-6A-2(d)). Source: W. Va. Code § 37-6A-5(a) |
Free calculators
- Security Deposit Deadline Calculator — See when your landlord must return your deposit, and the penalty your state sets if they don't.
Templates
Related questions
- How long does a landlord have to return a security deposit?
- How much can a landlord charge for a security deposit?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
West Virginia vs. neighboring states
| State | Security deposit limit | Deposit return deadline | Itemized deductions |
|---|---|---|---|
| West Virginia | No statutory cap on the amount of a security deposit. W. Va. Code §§ 37-6A-1, 37-6A-2 | Within the 'notice period': 60 days after the tenancy ends, or 45 days after a new tenant occupies the unit, whichever is shorter. W. Va. Code § 37-6A-2(a); § 37-6A-1 (definition of 'notice period') | Landlord must give the tenant a written itemization of any damages or charges deducted from the deposit. Landlord must keep itemized deduction records for 1 year after the tenancy ends and let the tenant inspect or copy them within 72 hours of a written request. W. Va. Code §§ 37-6A-2(a), 37-6A-3 |
| Kentucky | No statutory cap (statewide or under URLTA). KRS 383.580 | Non-URLTA areas: no statute. URLTA areas: no fixed refund deadline; if the tenant leaves owing no rent with a refund due, the landlord must send notice of the refund amount to the tenant's last known address and may keep the deposit if the tenant does not respond within 60 days. If the tenant leaves without paying the last month's rent and does not demand the deposit, the landlord may apply it after 30 days. KRS 383.580(6)-(7) | URLTA areas: before taking a deposit, the landlord must give a signed move-in list of existing damage with estimated repair costs; at move-out the landlord must inspect and compile a signed list of damages with estimated costs, which the tenant may inspect and dispute in writing. Deposits must be kept in a separate account at a regulated institution and the tenant told the bank and account number. Non-URLTA areas: no statute. KRS 383.580(1)-(3), (5) |
| Maryland | 1 month's rent per dwelling unit, regardless of the number of tenants. Up to 2 months' rent is allowed only if the tenant qualifies for Department of Human Services utility assistance, the lease requires the tenant to pay utilities directly to the landlord, and both agree in writing. A landlord who charges more than the cap can be sued for up to 3 times the extra amount plus reasonable attorney's fees. Md. Code, Real Prop. § 8-203(b)(1)-(3) | Within 45 days after the tenancy ends, the landlord must return the deposit plus accrued interest, less damages rightfully withheld. Md. Code, Real Prop. § 8-203(e)(1) | Within 45 days after the tenancy ends, the landlord must send a written list of damages claimed plus an itemized statement of the cost of each (with supporting documentation; cost estimates allowed) by first-class mail to the tenant's last known address. If the landlord does not, it forfeits the right to withhold any of the deposit for damages. Where estimates were used, the landlord must notify the tenant when repairs are done and refund any excess within 30 days. Md. Code, Real Prop. § 8-203(g), (j), (k) |
| Ohio | No statutory cap Ohio Rev. Code § 5321.16 | Within 30 days after the rental agreement ends and possession is delivered, the landlord must send the itemized written notice of deductions together with the amount due. Ohio Rev. Code § 5321.16(B) | Deductions (unpaid rent and damages from the tenant's noncompliance with § 5321.05 or the rental agreement) must be itemized and identified in a written notice delivered within 30 days. Ohio Rev. Code § 5321.16(B) |
| Pennsylvania | First year of the lease: no more than 2 months' rent. Second and later years (or any renewal): no more than 1 month's rent. After 5+ years of tenancy, a rent increase cannot require a higher deposit. Landlord and Tenant Act § 511.1 (68 P.S. § 250.511a) | 30 days after the lease ends or the tenant surrenders the premises (whichever comes first). Act § 512(a) (68 P.S. § 250.512(a)) | Written list of damages for which the tenant is claimed liable, delivered within 30 days together with payment of the balance. If no list within 30 days, the landlord forfeits the right to withhold any part of the deposit or to sue for damages to the premises. Act § 512(a)-(b) (68 P.S. § 250.512) |
| Virginia | Two months' periodic rent. Va. Code 55.1-1226(A) | 45 days after termination of the tenancy or the date the tenant vacates, whichever is later. Va. Code 55.1-1226(A) | Required: written notice itemizing the deposit and any deductions, damages and charges, delivered with any refund within the 45-day period. Va. Code 55.1-1226(A) |
More West Virginia rental law
- West Virginia Eviction Laws
- West Virginia Notice to Vacate Rules
- Landlord Entry Rules in West Virginia
- West Virginia Repairs & Tenant Remedies
- West Virginia Rent Increase & Late Fee Laws
- Squatters' Rights in West Virginia
- West Virginia Rental Fee Rules
- West Virginia Mold, Pests, Heat & AC Rules
- West Virginia Privacy, Guests & Animal Rules
- West Virginia Landlord Selling the House
- West Virginia Lockouts, Utility Shutoffs & Retaliation
- West Virginia Subletting, Lease Endings & Tenant Death
- All West Virginia landlord-tenant rules
- Free legal help in West Virginia
Compare security deposits in all 50 states and DC →
West Virginia Security Deposit Law FAQ
How much can a landlord charge for a security deposit in West Virginia?
No statutory cap on the amount of a security deposit. (W. Va. Code §§ 37-6A-1, 37-6A-2)
How long does a landlord have to return a security deposit in West Virginia?
Within the 'notice period': 60 days after the tenancy ends, or 45 days after a new tenant occupies the unit, whichever is shorter. (W. Va. Code § 37-6A-2(a); § 37-6A-1 (definition of 'notice period'))
Does a landlord in West Virginia have to give an itemized list of deposit deductions?
Landlord must give the tenant a written itemization of any damages or charges deducted from the deposit. Landlord must keep itemized deduction records for 1 year after the tenancy ends and let the tenant inspect or copy them within 72 hours of a written request. (W. Va. Code §§ 37-6A-2(a), 37-6A-3)
What happens if a landlord in West Virginia wrongfully keeps a security deposit?
If the violation is willful or not in good faith, tenant recovers the unreturned deposit plus damages equal to 1.5 times the amount wrongfully withheld; any award is credited against rent the tenant owes. (W. Va. Code § 37-6A-5(a))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.