Security deposit interest in West Virginia
No — West Virginia does not require landlords to pay interest on security deposits.
There is no interest to calculate — here is what does apply
West Virginia sets no interest requirement, so there is no figure to work out. The rules below are the ones that decide whether you get your deposit back in full, which is usually the larger sum anyway.
Deadline to return your deposit
60 days.
Within 60 days of the end of the tenancy or 45 days of a new tenant occupying the unit, whichever is sooner. Where damage is extensive enough that the itemisation cannot reasonably be completed in that period, the landlord may provide it within 15 days after the deadline.
Miss it and the consequences below start to apply.
What to do next
- Give your landlord a written forwarding address. Several states make the return duty conditional on it, and West Virginia's rules are summarised below.
- Photograph the unit at move-out, dated, before you hand back the keys. The dispute is almost always about condition.
- If the deadline passes, put the request in writing and cite W. Va. Code Sec. 37-6A-1 to 37-6A-5. Keep a copy of what you sent and when.
Not legal advice. This is general information, not legal advice. Security deposit laws change and vary by jurisdiction. Verify with the cited statute or consult a licensed attorney in your state before taking action.
What does West Virginia law actually say?
West Virginia does not require landlords to pay interest on residential security deposits. The statute contains no interest provision, imposes no escrow or separate account requirement, and sets no cap on the deposit amount. The landlord may withhold from the deposit only for unpaid rent and late charges, damage to the premises beyond ordinary wear and tear, other unpaid charges the tenant owes under the rental agreement, and the reasonable cost of repairs or cleaning needed to restore the premises to their condition at the start of the tenancy.
Within 60 days of the end of the tenancy or 45 days of a new tenant occupying the unit, whichever is sooner, the landlord must provide the tenant with a written itemised statement of any deductions together with the balance owed. Where damage is extensive enough that the itemisation cannot reasonably be completed in that period, the landlord may provide it within 15 days after the deadline. The landlord must deliver the statement to the tenant's last known address or forwarding address if provided.
What if your landlord does not comply?
No interest obligation, so no interest penalty. A landlord who fails to provide the written itemised statement within the statutory period forfeits the right to withhold any portion of the deposit. A tenant may recover the amount wrongfully withheld plus reasonable attorney fees and court costs, and where the landlord's failure was wilful the court may award damages of up to one and one-half times the amount wrongfully withheld.