West Virginia Deposit Itemization Law at a Glance
Governing Statute
W. Va. Code §37-6A-1 to 37-6A-6 — Security Deposits
Itemization Requirement
Your landlord must provide an itemized statement of deductions within 60 calendar days after termination of tenancy and delivery of possession.
Allowable Deductions
Unpaid rent, damages beyond normal wear and tear, and actual damages sustained as result of tenant's breach. Landlord cannot deduct for normal wear and tear.
Normal Wear & Tear
Deterioration resulting from the normal use of the premises by the tenant.
Penalty for Wrongful Withholding
If your landlord wrongfully withholds your deposit or fails to provide proper itemization, you may be entitled to wrongfully withheld amount plus court costs under W. Va. Code §37-6A-5.
Key Facts
- Maximum deposit: No statutory limit
- Itemization required: Within 60 calendar days
- Small claims limit: $10,000
Additional Protections
- Landlord must return deposit within 60 days
- Landlord must provide itemized statement of damages
What Your West Virginia Dispute Letter Includes
Every letter is built from West Virginia's actual statute — not a generic template.
Itemization Requirements
W. Va. Code §37-6A-1 to 37-6A-6 cited by section number. Your landlord sees you know the specific rules they must follow.
Disputed Deductions
Each disputed charge identified with your specific reasons, tied to West Virginia law.
Wear & Tear Standard
Deterioration resulting from the normal use of the premises by the tenant...
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West Virginia Deposit Itemization FAQ
What are the security deposit itemization requirements in West Virginia?
Under W. Va. Code §37-6A-1 to 37-6A-6, your landlord is required to provide an itemized statement of deductions within 60 calendar days after termination of tenancy and delivery of possession. The itemization must list each deduction, the amount, and the reason.
What deductions can my West Virginia landlord legally take from my deposit?
In West Virginia, allowable deductions are limited to: Unpaid rent, damages beyond normal wear and tear, and actual damages sustained as result of tenant's breach. Your landlord cannot deduct for normal wear and tear.
What counts as normal wear and tear in West Virginia?
In West Virginia: Deterioration resulting from the normal use of the premises by the tenant. Examples include minor scuffs on walls, worn carpet from foot traffic, faded paint, and small nail holes.
What happens if my West Virginia landlord wrongfully withholds my deposit?
If your landlord wrongfully withholds your deposit or fails to provide proper itemization, you may be entitled to wrongfully withheld amount plus court costs under W. Va. Code §37-6A-5. You can pursue this in small claims court.
Can I sue my landlord in small claims court in West Virginia?
Yes. West Virginia small claims court handles cases up to $10,000. Security deposit disputes are one of the most common small claims cases.
Do I need a lawyer to dispute deposit deductions in West Virginia?
No. A dispute letter is a formal written challenge, not a lawsuit. You can send one yourself. Our tool generates a West Virginia-specific dispute letter citing W. Va. Code §37-6A-1 to 37-6A-6 and your state's itemization requirements so your landlord knows you understand your rights.
Deposit Itemization Dispute Letters by State
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