Security deposit law in West Virginia

The rule in West Virginia

West Virginia sets no statutory cap on the size of a residential security deposit: the source checked (West Virginia Legislature, Code § 37-6A-1) states no maximum, so the amount is whatever the lease says.

The return deadline is 60 days, counted the shorter of 60 days after the tenancy ends or 45 days after a new tenant moves in. The text reads: “within 60 days of the termination of the tenancy; or within 45 days of the occupation of the premise by a subsequent tenant, whichever time period is shorter.”

Of the 44 jurisdictions verified here, 41 give landlords less time and 0 give more; the median is 30 days. Alabama and Arkansas also allow 60 days.

Without a cap there is no dollar ceiling to compute. For comparison, 27 of the 44 verified jurisdictions do cap deposits, from one month's rent in states such as Alabama up to three months' rent in Nevada.

Worked date: if the clock starts on November 30, 2026, the deadline falls on January 29, 2027. The alternative 45-day period would end on January 14, 2027.

In neighbouring states with verified rules: Maryland allows 45 days and caps deposits at one month's rent, Ohio allows 30 days and sets no cap, Pennsylvania allows 30 days and caps deposits at two months' rent and Virginia allows 45 days and caps deposits at two months' rent.

When damage exceeds the deposit and needs a third-party contractor, § 37-6A-2(c) allows an extra 15 days if notice is given within the notice period.

If a deposit is not returned, the small claims limit in West Virginia is $20,000 (small claims rules).

Sources: West Virginia Legislature, Code § 37-6A-1; West Virginia Legislature, Code § 37-6A-2 · last checked October 20, 2026.

If the deposit does not come back

The statute above sets the deadline; what happens after it passes is covered in general terms in the guide on a deposit that is not returned, and the way each state starts and counts the clock is compared in how deposit deadlines are counted.