West Virginia requires landlords to provide an itemized deduction statement within 45 days. Learn what's required and what to do if your landlord didn't comply.
Analyze My West Virginia Claim (Free)Law verified March 11, 2026
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Check My DepositWest Virginia law requires your landlord to provide an itemized written statement of any deductions within 45 days, separate from the 60-day deadline to return the deposit itself. This means there are two distinct deadlines to track. Missing either one can strengthen your claim.
West Virginia has two distinct deadlines: 60 days to return the deposit itself, and 45 days to provide the itemized statement. Missing either triggers violations.
Itemization
West Virginia law requires your landlord to provide an itemized written statement of any deductions within 45 days, separate from the 60-day deadline to return the deposit itself. This means there are two distinct deadlines to track. Missing either one can strengthen your claim.
Two deadlines to track: your landlord has 60 days to return the deposit, but only 45 days to provide the itemized statement. Missing either deadline strengthens your claim.
Courts in West Virginia have generally held that a proper itemization must:
A vague statement such as “cleaning and repairs: $600” typically does not satisfy the requirement. If your landlord's itemization was insufficient, their deductions may be invalid even if the underlying charges were legitimate.
Questions
Your West Virginia landlord has 60 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by W.Va. Code §37-6A-1.
If your landlord misses the 60-day deadline, you may be entitled to up to 2.5× the amount wrongfully withheld under W.Va. Code §37-6A-5. The penalty applies when your landlord acted in bad faith.
No. West Virginia law under W.Va. Code §37-6A-1 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.
Under W.Va. Code §37-6A-1, the itemization must list each specific deduction with a corresponding dollar amount. Vague entries like "repairs: $500" are generally insufficient. Each line item should identify what was damaged and why it was charged.
If your landlord fails to provide the required itemized statement within 45 days, they may lose the right to withhold any portion of your deposit under W.Va. Code §37-6A-1. This is true even if some deductions might otherwise have been legitimate.
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