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WV · Security deposit

West Virginia security deposit

West Virginia landlord and tenant statutes is where West Virginia sets whether there is a deposit cap, what may be deducted, and how long a landlord has to return what is left. Document the unit at move-in and move-out, return keys the way the lease requires, and keep a forwarding address. We do not reprint a number that can go stale.

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Do this today

  • Keep move-in and move-out photos, dated, of every room and the condition of walls, floors, appliances, and keys.
  • Keep the lease, the receipt for the deposit, and a record of how keys were returned.
  • Give a forwarding address in writing.
  • List each disputed deduction in one sentence with the reason.

What usually has to be proven?

A deposit dispute in West Virginia is a records problem first. What was paid, what was deducted, what the unit looked like at both ends, and whether keys were returned as the lease required. West Virginia landlord and tenant statutes is the chapter to open for caps, timing, and itemization — not a national chart.

Should I send a demand letter?

A calm, dated letter that lists each deduction and a way to reach you is something any renter can write. Send it in a way you can prove. Small-claims court exists in West Virginia; whether it is worth filing, and what the court can order, is a question for legal aid or the court's own self-help materials.

The West Virginia chapter

West Virginia landlord and tenant statutes (W. Va. Code §§ 37-6-1 to 37-6-30) is the starting point. We name it. We do not paraphrase a day-count or a dollar cap out of it.

West Virginia state law is the floor. Cities may add rent boards, just-cause rules, or extra protected classes. Confirm locally.

Official sources

Common questions

Is there a national cap on security deposits in West Virginia?

No. Any cap, any itemization rule, and any return deadline for West Virginia live in West Virginia landlord and tenant statutes — sometimes in a city rule too. This site does not reprint them.

Can my landlord in West Virginia keep the deposit for normal wear?

Ordinary wear and damage are different ideas in most states. What counts as each is a West Virginia and facts question. Photos from move-in and move-out are what make that argument possible.

Where do I confirm the West Virginia deposit rule?

Open West Virginia landlord and tenant statutes, or take the file to legal aid. A city housing department may add rules the state does not.

The national security deposit guide has the full sequence. Open the security deposit guide

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Last reviewed 8 September 2026. Legal information, not legal advice. Not a law firm. hello@renterprotection.org