Security Deposit Laws
Maximum Amount: West Virginia law does not specify a limit to the amount a landlord may collect as a deposit.
- Receipt Required? No.
Return Period: The landlord must return the security deposit, minus any lawful deductions, within 60 days after the termination of the tenancy, or 45 days after a subsequent tenant occupies the property, whichever is shorter (§ 37-6A-1(7), § 37-6A-2(a)).
- Itemized List Required? Yes. If withholding funds for unpaid rent or other charges, the landlord must deliver a written itemized list detailing all deductions (§ 37-6A-2(a)).
Landlord Disclosures
Lead-Based Paint Disclosure: For residential structures constructed before January 1, 1978, landlords must distribute the federal EPA Lead Hazard Pamphlet (PDF) and disclose any known lead-based paint hazards before lease execution (40 CFR § 745.113).
Nonrefundable Fees Disclosure: Any portion of the deposit that is nonrefundable, such as an application fee or pet deposit, must be explicitly designated as nonrefundable in the written lease agreement (§ 37-6A-1(14)).
Sample
Download: PDF, MS Word (.docx)
