What West Virginia requires
- The deposit, minus any deductions, goes to the tenant with a written itemization of the damages or charges within the notice period: 60 days after the tenancy ends, or 45 days after a new tenant moves in, whichever is shorterW. Va. Code s. 37-6A-2 (a) ยท W. Va. Code s. 37-6A-1 (7) (notice period)
- The deposit may cover only rent due with reasonable late charges in the agreement, damages from the tenant's breach less reasonable wear and tear, unpaid utilities the landlord paid for the tenant, reasonable costs of removing and storing the tenant's belongings, and other damages or charges in the rental agreement, such as a contractor's repair of tenant damageW. Va. Code s. 37-6A-2 (b)
- Where damage exceeds the deposit and needs an outside contractor, the landlord tells the tenant in writing within the notice period and then has 15 more days to itemize the damage and repair costW. Va. Code s. 37-6A-2 (c)
- The deposit and notices go by personal delivery or by mail to the tenant's last known or forwarding address; the tenant is responsible for giving an accurate address, and returned mail is held six months for collectionW. Va. Code s. 37-6A-2 (g)
- The landlord keeps itemized records of each tenant's deductions for one year after the tenancy ends, and lets the tenant inspect or have a copy within 72 hours of a written requestW. Va. Code s. 37-6A-3
What the deposit can cover
The deposit may cover rent due with reasonable late charges set in the agreement, damages from the tenant's breach less reasonable wear and tear, unpaid utilities the landlord paid for the tenant, reasonable costs of removing and storing belongings the tenant left, and other damages or charges in the rental agreement, such as a contractor's repair of damage the tenant caused.
The notice period and the itemization
The deposit, minus deductions, goes to the tenant with a written itemization within 60 days after the tenancy ends, or 45 days after a new tenant occupies the unit, whichever is shorter. Where damage exceeds the deposit and needs an outside contractor, a written notice within that period buys 15 more days to itemize the damage and the repair cost.
Delivery is in person or by mail to the tenant's last known or forwarding address, and the tenant is responsible for giving an accurate one. The landlord keeps itemized records of deductions for one year and lets the tenant inspect or copy them within 72 hours of a written request.
From walkthrough notes to a finished West Virginia report
At move-out, note each room, every item of damage and anything left behind. ReportDraft writes it up room by room with each damaged item described for the itemization, keeps reasonable wear and tear apart, and leaves lines for the landlord and the tenant to sign. Kept on file, the report is part of the one-year record of deductions.
Common mistakes
- Missing the shorter of 60 days after the tenancy ends or 45 days after a new tenant moves in.
- Deducting for reasonable wear and tear.
- Waiting on a contractor without sending the written notice that extends the time by 15 days.
- Discarding deduction records before a year has passed.
- Ignoring a tenant's written request to see the deduction records.
Sources
- W. Va. Code s. 37-6A-2 (a), checked October 10, 2026
- W. Va. Code s. 37-6A-1 (7) (notice period), checked October 10, 2026
- W. Va. Code s. 37-6A-2 (b), checked October 10, 2026
- W. Va. Code s. 37-6A-2 (c), checked October 10, 2026
- W. Va. Code s. 37-6A-2 (g), checked October 10, 2026
- W. Va. Code s. 37-6A-3, checked October 10, 2026
Last reviewed October 10, 2026. Next review due January 10, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.