Landlord & Tenant Laws in West Virginia.

Give the landlord an accurate forwarding address and keep any written demand for return of the deposit. West Virginia allows delivery by personal delivery or mailing to the tenant’s last known or forwarding address.

If the amount sought is within West Virginia magistrate court limits, a tenant may file there. Keep the lease, proof of deposit payment, move-out records, forwarding-address notice, and any itemization received from the landlord.

A West Virginia landlord generally must return the security deposit, less lawful deductions, within the “applicable notice period,” meaning within 60 days after the tenancy ends or within 45 days after a subsequent tenant occupies the premises, whichever is shorter.

A landlord may apply the deposit only to specified categories such as unpaid rent, damages beyond wear and tear, unpaid utilities billed to and paid by the landlord, and certain contractual charges. The landlord must provide a written itemization of deductions, and if third-party repairs are needed, may have an additional 15 days to provide the itemization after timely notice.

If a landlord fails to comply with West Virginia’s residential deposit statute, the tenant may recover the property and money due, together with damages in an amount equal to one and one-half times the amount wrongfully withheld.