West Virginia security deposit rules.
The West Virginia rules for residential security deposits in plain English: how much can be charged, how fast it comes back, whether interest is owed, and what catches operators out.
Last reviewed · Statute: W. Va. Code § 37-6A-1 et seq. · Not legal advice
How much can be charged
No statutory limit on the deposit amount.
When it has to come back
Within 60 days of termination or 45 days after a new tenant moves in, whichever is shorter, with itemised deductions. A further 15 days if damage exceeds the deposit and a contractor must be hired, with notice.
Interest
No interest is required.
Where the money has to sit
No segregation requirement.
What catches operators out
- The “45 days from new tenancy” trigger is unusual. Operators with quick turnover may have a shorter window.
- Wilful or bad-faith non-compliance: the tenant recovers the unreturned deposit plus damages for annoyance and inconvenience equal to 1.5× the amount wrongfully withheld.
What this looks like with Standby in West Virginia.
When a resident takes a Standby certificate there is no cash deposit to hold, so the cap, the return deadline and the interest rules above have nothing to attach to. You are covered up to the full deposit and draw on it when you need to.
When a resident pays cash instead, Standby handles that deposit under your lease and West Virginia law, so your team is not tracking return deadlines by hand.
This page summarises the most common single-family and multifamily residential rule in West Virginia. Furnished units, senior leases, mobile-home tenancies and short-term rentals can differ, and city ordinances may override the state default. Check the statute before relying on a figure for a specific lease.