Landlord & tenant · West Virginia
the short answer
Your landlord's deadline can be shorter than the 60 days you might expect, because a new tenant moving in cuts it down. If the failure was willful or in bad faith, you recover the deposit plus damages of one and a half times the amount kept wrongly.
source ↗Not yet checked against the statute.
governing statute
W. Va. Code § 37-6A-2
source ↗Not yet checked against the statute.
deadline
60 days
source ↗Not yet checked against the statute.
Across the country. 2 of the 47 states written up answer this the same way as West Virginia. The shortest is 14 days, as in Alaska; the longest is 60 days, as in Alabama. Compare every state →
penalty
Where the noncompliance is willful or not in good faith: the unreturned deposit, plus damages for annoyance and inconvenience equal to one and a half times the amount wrongfully withheld (§ 37-6A-5).
source ↗Not yet checked against the statute.
which court
Magistrate court
source ↗Not yet checked against the statute.
small claims limit
$20,000
source ↗Not yet checked against the statute.
also
Sixty days from the end of the tenancy, or 45 days after a new tenant moves in — whichever is shorter. A new tenant arriving quickly shortens your landlord's deadline, not lengthens it.
source ↗Not yet checked against the statute.
your situation
Everything above is the law as it reaches everyone in West Virginia. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.
This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy
a landlord keeping my deposit — state by state →other claims in this state →
sponsors