, landlords can not charge more than one month’s rent for the security deposit. Your deposit has to be refunded within 60 days of your lease ending. All of the details of your security deposit should be included in your lease agreement.

It’s hard to know what to expect from a landlord when it comes to saving for a security deposit, especially if you’re moving to a new state. Because tenant laws vary from state to state, your security deposit could be anywhere from 1-3 months' rent or more.

If you’re planning to be a renter, it's important to know what to plan for. That’s why

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What is West Virginia’s law on security deposits?

West Virginia law section

37-6A-2

covers all things related to rental security deposits. In a nutshell, you can expect to pay up to one month’s rent for your deposit and can expect to get it back within two months of moving out.

There are processes in place to help if you feel like you are being taken advantage of throughout your experience.

What is the maximum security deposit a landlord can charge in West Virginia?

West Virginia renters can’t be charged more than one month’s rent as a security deposit.

West Virginia law also states that the security deposit can only be required by the property, not by the individual renter. This means if you have roommates, they should not be given a separate security deposit.

How long does a landlord have to return a security deposit in West Virginia?

In West Virginia, your landlord has 60 days to refund your deposit and to explain why they’ve kept any portion of it. Your landlord is required to provide a written, itemized list of damages or other fees deducted from your deposit.

Make sure your landlord has your current address—the security deposit is often refunded by mail to your last known address.

If for some reason your refund check can not be delivered, your landlord is required to hold it for six months, so if you don’t see your deposit after about two months, start by getting in touch with your former landlord to see if they are holding on to it.

MORE: How to find the best renters insurance

What can a landlord withhold a security deposit for in West Virginia?

West Virginia law allows landlords to withhold your security deposit to cover the following:

Unpaid rent or utilities

Removal and storage of property that is left behind

Cost to repair damage to the structure of the dwelling above normal wear and tear

Rent damages or fees associated with early termination of the lease

Cleaning costs to return the dwelling to pre-occupancy condition

Damage caused by the tenant’s failure to comply with obligations as a tenant like broken fixtures or appliances that were not previously reported to the landlord for repair.

Key Takeaway It’s important to know what you will be responsible for when you move out so that you don’t get taken advantage of and lose out on money without proper reasoning.

How to get your security deposit back in West Virginia

If everyone involved is on the up and up, all you will need to do is make sure your landlord has your forwarding address. Your landlord has 60 days to deliver your refund by mail or in person.

Hopefully, this will be a straightforward process.

If your landlord is giving you the runaround and does not refund your deposit, you have the right to recover the withheld funds, plus damages equal to one and a half times the deposit, plus any added legal fees.

In West Virginia, tenants can sue landlords in small claims court (known in West Virginia as “Magistrate Court”) for the return of their deposit, up to $5,000.

MORE:

West Virginia car insurance laws

How to save money on car and renters insurance in West Virginia

Another condition of your lease in West Virginia is that you will likely need to provide proof of renters insurance, and even if it isn’t required, it is a good idea. Renter's insurance covers your personal belongings from insured losses such as theft or fire. Your landlord will have insurance coverage for the structure itself, but it is up to you to protect your possessions.

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FAQs

Can I use my security deposit as the last month’s rent in West Virginia?

No, you really shouldn’t rely on your security deposit to pay your final month’s rent in West Virginia. You will still be assessed all the late fees and penalties associated with non-payment, and you will have a ding on your payment history.

In addition, if your landlord legitimately has to use your deposit for repairs, you will be on the hook for the unpaid rent.

Can a landlord charge for carpet cleaning in West Virginia?

West Virginia can charge for carpet cleaning if the carpet shows anything more than usual wear and tear—this can include carpet stretching or buckling, but doesn’t account for large stains or undue amounts of soil, for example.

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