Sources checked:
Quick answer. The state: no deposit cap in the law read; deposit returned within 60 days; $20,000 small claims limit. 15 of 23 items are confirmed on official pages; 8 are marked not confirmed, with the page to check.
Key numbers
- Deposit limit
- No cap in the law read
- Deposit back within
- 60 days
- Month-to-month notice (landlord)
- 1 period
- Time to answer or appear
- 5 days
- Small claims limit
- $20,000
Security deposit (5 of 6 confirmed)
Law read: W. Va. Code 37-6A-1, 37-6A-2, 37-6A-5.
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ConfirmedDeposit limit
No maximum in article 37-6A.
Source: West Virginia Legislature: Code 37-6A-2, checked November 2026
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ConfirmedReturn deadline
Within 60 days after the tenancy ends, or 45 days after a new tenant occupies the unit, whichever is shorter, with a written itemization; 15 more days to itemize repair costs when repairs are needed (37-6A-1(7), 37-6A-2).
If a new tenant moves in sooner: 45 days after that move-in
Source: West Virginia Legislature: Code 37-6A-2, checked November 2026
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ConfirmedItemized list of deductions
A written itemization of damages and other charges (37-6A-2(a)).
Source: West Virginia Legislature: Code 37-6A-2, checked November 2026
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ConfirmedInterest on the deposit
Not addressed in article 37-6A.
Source: West Virginia Legislature: Code 37-6A-2, checked November 2026
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Not confirmedWhere the deposit is held
Not confirmed — check West Virginia Legislature: Code 37-6A-2. Not confirmed from official text. Check W. Va. Code 37-6A.
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ConfirmedPenalty the law states
Willful or bad-faith noncompliance: the deposit plus one and one-half times the amount wrongfully withheld (37-6A-5(a)).
Source: West Virginia Legislature: Code 37-6A-2, checked November 2026
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (5 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | A periodic tenancy of less than a year ends on notice for one full period before the end of any period. Either side. | Source: West Virginia Legislature: W. Va. Code Chapter 37, Article 6 (Landlord and tenant), checked November 2026 (W. Va. Code 37-6-5) |
| Ending month-to-month (tenant) | A periodic tenancy of less than a year ends on notice for one full period before the end of any period. Either side. | Source: West Virginia Legislature: W. Va. Code Chapter 37, Article 6 (Landlord and tenant), checked November 2026 (W. Va. Code 37-6-5) |
| Rent increase notice | Article 6 sets no rent increase notice. | Source: West Virginia Legislature: W. Va. Code Chapter 37, Article 6 (Landlord and tenant), checked November 2026 |
| Unpaid rent notice | Not confirmed — check West Virginia Legislature: W. Va. Code Chapter 37, Article 6 (Landlord and tenant). Article 6 covers unpaid rent only when a tenant has abandoned the property. Check W. Va. Code chapter 55, article 3A. | |
| Entry notice | Article 6 sets no entry notice. | Source: West Virginia Legislature: W. Va. Code Chapter 37, Article 6 (Landlord and tenant), checked November 2026 |
| Late fee limits | Article 6 sets no late fee limit. | Source: West Virginia Legislature: W. Va. Code Chapter 37, Article 6 (Landlord and tenant), checked November 2026 |
More: Notice periods by state · Notice date calculator
Eviction case, in order (4 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
The unpaid-rent notice period is not confirmed in our files (see the notice table).
- Filing the case Where the case goes and what it costs to start.
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ConfirmedCourt
The magistrate court or the circuit court of the county where the property is.
apply for relief to the magistrate court or the circuit court of the county in which the property is located.
Source: West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property), checked November 2026
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Not confirmedFiling fee
Not confirmed — check West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property). Not confirmed on an official page we opened.
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- The tenant's answer or appearance
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ConfirmedTime to answer or appear
A written defense is due within five days of receiving the notice.
within five days of the receipt by the tenant of the notice
Source: West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property), checked November 2026
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- Hearing or trial
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ConfirmedHearing after filing
The hearing is 5 to 10 judicial days after the petition is filed.
may not be less than five nor more than 10 judicial days following the filing of the petition.
Source: West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property), checked November 2026
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- Judgment and the writ The order that lets the officer act.
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Not confirmedJudgment to writ
Not confirmed — check West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property). Not confirmed on an official page we opened.
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- Lockout Carried out by an officer, not by either side.
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Not confirmedWrit to lockout
Not confirmed — check West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property). Not confirmed on an official page we opened.
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ConfirmedWho carries out the lockout
The sheriff removes a tenant who stays past the time in the court's order.
the sheriff shall forthwith remove the tenant
Source: West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property), checked November 2026
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- Along the way Paying to stop the case, counsel and diversion programs.
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Not confirmedPaying to stop the case
Not confirmed — check West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property). Not confirmed on an official page we opened.
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Not confirmedRight to counsel (statewide)
Not confirmed — check West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property). Not confirmed on an official page we opened.
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Not confirmedDiversion or mediation (statewide)
Not confirmed — check West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property). Not confirmed on an official page we opened.
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The court order sets the move-out time, weighing things like whether the place is furnished and the harm to each side.
Example: a case filed Monday, March 1, 2027
The earliest date of each stage the confirmed rules allow, from our eviction timeline estimator. Earliest under the statute; courts' calendars often take longer.
| Stage | Earliest date |
|---|---|
| Case filed | Monday, March 1, 2027 |
| Answer due (if served the day of filing) | Saturday, March 6, 2027 |
| Hearing or trial | Monday, March 8, 2027 |
| Judgment | Monday, March 8, 2027 |
More: Eviction process timeline by state · Eviction timeline estimator
Deposit disputes: small claims
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ConfirmedSmall claims limit (for a deposit dispute)
$20,000: the most a small claims case can ask for.
W. Va. Code 50-2-1, as amended by 2025 HB 2761 (passed April 8, 2025; in effect July 7, 2025): magistrate courts hear civil actions where the amount in controversy is not more than $20,000, exclusive of interest and costs. No jurisdiction over equity, eminent domain, real estate title disputes, lien sales of real estate, false imprisonment, malicious prosecution, slander/libel, or chapter 53 extraordinary remedies. Many unofficial sites still show the prior $10,000 figure.
Filing fee to start a case: $30 to $50.
Source: W. Va. Code 50-2-1, checked November 2026
More: Small claims court limits by state
Still to confirm
- Where the deposit is held: check West Virginia Legislature: Code 37-6A-2
- Unpaid rent notice: check West Virginia Legislature: W. Va. Code Chapter 37, Article 6 (Landlord and tenant)
- Filing fee: check West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property)
- Judgment to writ: check West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property)
- Writ to lockout: check West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property)
- Paying to stop the case: check West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property)
- Right to counsel (statewide): check West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property)
- Diversion or mediation (statewide): check West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property)
West Virginia kit
West Virginia Landlord Compliance Kit
This page as a printable checklist with every source link and check date, a move-in and move-out deposit checklist with the state return deadline, a notice calendar, an eviction timeline sheet, and an Excel workbook with a tenant notice log, a deposit tracker that works out the return date, and a rent ledger.
Kits for any state: Security Deposit Kit for Landlords and Tenants ($15) · Landlord-Tenant Notice Organizer ($15) · Eviction Case File Organizer ($15)
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How much can a security deposit be in West Virginia?
No maximum in article 37-6A.
How long does a West Virginia landlord have to return a deposit?
Within 60 days after the tenancy ends, or 45 days after a new tenant occupies the unit, whichever is shorter, with a written itemization; 15 more days to itemize repair costs when repairs are needed (37-6A-1(7), 37-6A-2). What goes with it: A written itemization of damages and other charges (37-6A-2(a)).
How much notice ends a month-to-month tenancy in West Virginia?
From the landlord: A periodic tenancy of less than a year ends on notice for one full period before the end of any period. Either side. From the tenant: A periodic tenancy of less than a year ends on notice for one full period before the end of any period. Either side.
How much notice before a landlord enters a rental in West Virginia?
Article 6 sets no entry notice.
How long does an eviction case take in West Virginia?
Time to answer or appear: 5 days. Hearing after filing: 5 to 10 court days. These are the stated rules; the court's calendar often takes longer.
Can a West Virginia deposit dispute go to small claims court?
The small claims limit in our data: $20,000: the most a small claims case can ask for. The court's own page explains what kinds of cases it hears.
What notice comes before an unpaid-rent case in West Virginia?
Not confirmed in our data files. Check West Virginia Legislature: W. Va. Code Chapter 37, Article 6 (Landlord and tenant) (https://code.wvlegislature.gov/pdf/37-6/).
Related: Landlord rules by state · Kits for landlords