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State law · statute quotes

West Virginia security deposit laws for landlords and property managers

The words of West Virginia's security deposit statute on each topic, quoted verbatim with pinpoint citations and links to the official source. No summaries, no interpretation.

Reviewed by Mark Shvaya, licensed California real estate broker (DRE #02243502), who uses ProFlow360 in a rental portfolio Mark manages

Last reviewed

Quoted on this page

  • Deposit limit
  • Returning the deposit
  • Itemized statement
  • Inspections and condition reports
  • Photographs
  • Normal wear and tear
  • Interest
  • Wrongful withholding

W. Va. Code § 37-6A-1 · W. Va. Code § 37-6A-2 · W. Va. Code § 37-6A-3 · W. Va. Code § 37-6A-5

On this page
  1. Returning the deposit
  2. Itemized statement
  3. Normal wear and tear
  4. Wrongful withholding
  5. Recent changes
  6. Documenting a tenancy
  7. Nearby states
  8. Sources

What this page covers

West Virginia's residential security deposit provisions quoted here come from W. Va. Code § 37-6A-1, W. Va. Code § 37-6A-2, W. Va. Code § 37-6A-3, W. Va. Code § 37-6A-5. Below are the statute's own words on 4 topics, each with a pinpoint citation and a link to the official text. This page does not summarize or interpret the law.

What does West Virginia law say about returning the deposit?

Upon termination of the tenancy and within the applicable notice period, any security deposit held by the landlord, minus any deductions for damages or other charges, shall be delivered to the tenant ... "Notice period" means: (A) within 60 days of the termination of the tenancy; or (B) within 45 days of the occupation of the premise by a subsequent tenant, whichever time period is shorter.
W. Va. Code §§ 37-6A-2(a), 37-6A-1(7)Official source

What does West Virginia law say about an itemized statement of deductions?

together with a written itemization of any such damages or other charges as provided in subsection (c). ... If notice is given as prescribed in this subsection, the landlord shall have an additional fifteen day period to provide an itemization of the damages and the cost of repair.
W. Va. Code § 37-6A-2(a), (c)Official source

How does West Virginia law refer to normal wear and tear?

The payment of the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement, less reasonable wear and tear
W. Va. Code § 37-6A-2(b)(2)Official source

What does West Virginia law say about wrongful withholding?

If a landlord fails to comply with any of the provisions of this article, and such noncompliance is willful or not in good faith, the tenant is entitled to a judgment for: (1) The amount of any unreturned security deposit; and (2) Damages for annoyance or inconvenience resulting from the landlord's nonconformance equal to one and a half times the amount wrongfully withheld
W. Va. Code § 37-6A-5(a)Official source

Not quoted on this page

deposit limit, inspections and condition reports, photographs, interest. That does not mean West Virginia law is silent on them; other sections or local rules may apply. Read the full statute.

Has West Virginia's security deposit law changed recently?

From our review of the official history notes: Official code pages list signed bills for §§ 37-6A-1, -2, -3 and -5 only from the 2011 Regular Session (Enrolled Committee Substitute for HB 3202). The § 37-6A-5 bill history also lists 2022 SB590, 2023 SB147 and 2024 SB165, but none appears under 'Signed Bills', so no 2024–2026 amendment is shown.

How does ProFlow360 help you document a West Virginia tenancy?

ProFlow360 records and organizes inspection evidence; it does not tell you what the statute requires or allows. What it records, for any state:

  • Move-in, routine, pre-move-out and move-out inspections with photos timestamped at capture.
  • Each move-out photo beside its move-in match, filed under the tenancy.
  • Itemized lines with your classification, the amount you entered, and the estimate or invoice attached.
  • An issued record that is sealed, shared by a link that expires and can be revoked.

Do this in ProFlow360

Keep the photos, the call and the invoice on the same line

Every deduction line carries the move-in and move-out photos, your classification and its documents, so the record can be followed by someone who was not there.

Kitchen · counter burn, left of range

Line 2 of 5 · TEN-0418

$180.00
1
MI-21 · Jul 12, 2024
MO-29 · Sep 30, 2026
2
Tenant damageAvery Chen · Oct 2, 2026
3
Amount you entered$180.00 · from estimate
4
Ridgeline estimate.pdfInvoice 2291.pdf
5
Move-inPeriodicMove-outClassifiedIssued

Security deposit statutes in nearby states

Sources

Start documenting condition properly

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