States/West Virginia/Security Deposit
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West Virginia Security Deposit Rules (2026)

West Virginia Article 6A requires the remaining security deposit and written itemization within the applicable notice period. That notice period is the shorter of 60 days after tenancy termination or 45 days after a subsequent tenant occupies the premises.

Last reviewed: August 30, 20263 official sources cited
Notice period60 days or 45 after re-rental

Whichever period is shorter under § 37-6A-1.

Normal wearExcluded

Damage deduction is reduced by reasonable wear and tear.

Contractor damage extension+15 days

Narrow extension when damage exceeds the deposit and requires a third-party contractor.

Willful/bad-faith remedy1.5× wrongfully withheld

In addition to unreturned deposit, subject to § 37-6A-5.

What to preserve

  • Tenancy termination date.
  • Date a subsequent tenant occupied the unit, if known.
  • Written itemization and refund.
  • Forwarding address.
  • Move-in/move-out evidence.
  • Third-party contractor notice and repair documents if used.

Why the clock is unusual

West Virginia defines “notice period” using two possible events: 60 days after tenancy termination or 45 days after a subsequent tenant occupies the premises, whichever period is shorter. The deadline therefore cannot always be calculated from move-out alone.

West Virginia’s notice period can depend on a later re-rental event. Educational information only.

Official sources

Related West Virginia guides