WV · TenantClaim
West Virginia Security Deposit Return Laws & Calculator
Landlords generally have 60 calendar days to return a deposit under West Virginia Code Section 37-6A-4. Use the calculator to check overdue status and estimated recovery.
West Virginia deposit calculator
Statutory math from West Virginia Code Section 37-6A-4.
Ready to Calculate Your Rights
Enter your lease dates and deposit amounts to instantly evaluate:
- State statutory return deadline & overdue status
- Treble (3x) or double (2x) bad-faith penalty eligibility
- Small claims court limit & demand letter generation
Bad-faith penalties
West Virginia requires return of the deposit or a written itemization within 60 days (W. Va. Code § 37-6A-4). There is no statewide 2x/3x multiplier; the tenant may recover the amount wrongfully withheld plus costs.
Multiplier: 0x
Wear and tear vs. unlawful deductions
Normal Wear & Tear
Landlord cannot deduct
- Faded or scuffed interior paint from ordinary occupancy in West Virginia
- Carpet wear or flattening in high-traffic pathways from normal foot traffic
- Small nail or pin holes from hanging pictures or curtains
Unlawful Deductions
These charges are illegal
- Charging for ordinary wear and tear instead of damage beyond normal use under West Virginia Code Section 37-6A-4
- Keeping any part of the deposit without sending the required itemized statement within 60 calendar days
- Deducting for conditions that existed before move-in or that the landlord was obligated to repair
Small claims court filing limits
$10,000
Claims above this West Virginia ceiling may need District or Civil Court, or a voluntary reduction to stay in small claims.
View Full West Virginia Small Claims Court & Official Form GuideWest Virginia security deposit FAQ
How long does a West Virginia landlord have to return my deposit?+
West Virginia generally requires return within 60 calendar days after move-out under West Virginia Code Section 37-6A-4. If the deadline falls on a weekend, TenantClaim rolls it to the next Monday.
What happens if the landlord keeps my deposit in bad faith?+
West Virginia requires return of the deposit or a written itemization within 60 days (W. Va. Code § 37-6A-4). There is no statewide 2x/3x multiplier; the tenant may recover the amount wrongfully withheld plus costs.
What is the West Virginia small claims limit?+
Most tenants can file in small claims court for up to $10,000. Larger recoveries may need District or Civil Court, or a voluntary reduction of the claim.
Does the landlord have to send an itemized list?+
Yes. West Virginia requires an itemized deduction statement. Withholding money without that statement is a common unlawful deduction.