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 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 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 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
60 days, or 45 after a new tenant
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 shorter.
What the deposit covers
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.
When a contractor is needed
Where damage exceeds the deposit and needs an outside contractor, tell the tenant in writing within the notice period; you then have 15 more days to itemize the damage and repair cost.
Delivery and records
The deposit and notices go by personal delivery or by mail to the tenant's last known or forwarding address, and returned mail is held six months for collection. Keep itemized records of each tenant's deductions for one year, and let the tenant inspect or copy them within 72 hours of a written request.
Common mistakes
- Counting 60 days when a new tenant moved in earlier and 45 days applies.
- Charging reasonable wear and tear.
- Waiting on a contractor without telling the tenant in writing within the notice period.
- Not keeping the deduction records for a year.
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 (g), 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-3, checked October 10, 2026
Last reviewed October 23, 2026. Next review due January 23, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.