West Virginia Security Deposit Demand Letter
In West Virginia, a landlord has 60 days after move-out to return the deposit or send an itemized list of deductions (as of 2026; source: W. Va. Code §37-6A-1). This letter cites that deadline, states the amount and your forwarding address, and gives the landlord a date to respond before you file. Free, no signup.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
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West Virginia deposit rules at a glance
- Return deadline
- 60 days after move-out
- Deposit cap
- No statutory limit
As of 2026. Source: W. Va. Code §37-6A-1 ↗. Want the exact due date? Use the deposit return calculator.
Frequently asked questions
How long does a West Virginia landlord have to return the deposit?
60 days after you move out, as of 2026 (source: W. Va. Code §37-6A-1). Counted in calendar days; check the statute for whether the clock starts at move-out, lease end, or receipt of your forwarding address, and whether a weekend deadline rolls over. Use the deposit return calculator to get the exact date.
Is there a limit on how much deposit a West Virginia landlord can charge?
West Virginia sets no statutory cap on the security deposit (as of 2026; source: W. Va. Code §37-6A-1), so the amount is whatever the lease says. The return deadline still applies to the full amount.
How much can I sue for in West Virginia if the landlord ignores this?
Raised from $10,000 to $20,000 effective July 7, 2025 (HB 2761, 2025 Reg. Sess.), exclusive of interest and costs. Magistrate courts also hear unlawful entry/detainer and wrongful occupation of residential rental property regardless of amount (if title not in dispute). No jurisdiction over equity, eminent domain, title to real estate, false imprisonment, malicious prosecution, or slander/libel. The court is the Magistrate Court, and the filing fee is $30-$50 by claim size under W. Va. Code § 50-3-1: $30 for claims of $500 or less (and non-monetary relief), $35 up to $1,000, $40 up to $2,000, $50 over $2,000.. As of 2026; source: W. Va. Code § 50-2-1 (as amended by HB 2761, eff. July 7, 2025).
Do I need a lawyer in West Virginia small claims?
Attorneys are Yes — attorneys are permitted in Magistrate Court but not required; the court is designed to be usable without one.. Source: W. Va. Code § 50-2-1 (as amended by HB 2761, eff. July 7, 2025) (as of 2026).
Deposit rules in every state, cited to statute: security deposit limits by state.
How West Virginia compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for West Virginia: W. Va. Code §37-6A-1 ↗.
- Deposit return deadline
Deposit return deadline: 60 days — about 2× the national median of 30 days across the 51 states with a statutory rule.
Ranked #1 of 51 states (tied with 2) — higher means more time for the landlord to return the deposit.
2 other states use the same figure.
Deposit return deadline in neighboring states — Kentucky (30 days), Maryland (45 days), Ohio (30 days), Pennsylvania (30 days), Virginia (45 days). West Virginia's 60 days is the longest among its neighbors.
The rest of what West Virginia requires
The figures below are West Virginia's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full West Virginia page for that document.
- Security deposit cap · as of 2026
- No statutory limit W. Va. Code §37-6A-1 ↗
- Deposit return deadline · as of 2026
- 60 days after move-out W. Va. Code §37-6A-1 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days W. Va. Code §37-6A-1 ↗
- Small claims limit · as of 2026
- $20,000 W. Va. Code § 50-2-1 (as amended by HB 2761, eff. July 7, 2025) ↗
- Where you file · as of 2026
- Magistrate Court · filing fee $30-$50 by claim size under W. Va. Code § 50-3-1: $30 for claims of $500 or less (and non-monetary relief), $35 up to $1,000, $40 up to $2,000, $50 over $2,000. W. Va. Code § 50-2-1 (as amended by HB 2761, eff. July 7, 2025) ↗
- Rental application fee · as of July 2026
- No statutory limit West Virginia Code ↗
- Bill of sale notarization · as of 2026
- Required to transfer a vehicle title West Virginia DMV (Form DMV-7-TR) ↗
- Power of attorney signing · as of 2026
- Notarization required W. Va. Code §39B-1-105 (form §39B-3-101) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules W. Va. Code § 31B-1-103 ↗
- Recording a deed · as of 2026
- Clerk of the County Commission (the 'County Clerk'), W. Va. Code § 39-1-2 · no witnesses W. Va. Code § 39-1-2 ↗
Security deposit demand letter in other states
More West Virginia legal forms
Different state? See security deposit demand letters by state →