--- title: "West Virginia Landlord Rules: Deposits, Notices, Evictions" description: "West Virginia landlord-tenant rules: no deposit cap in the law read, deposit returned within 60 days, $20,000 small claims limit. Official sources linked." url: "https://mcc-solutionsnj.com/tools/west-virginia-landlord-rules" --- Free tool · West Virginia · Landlords and tenants # West Virginia landlord rules: deposits, notices and the eviction steps The deposit rules, notice periods, eviction case and small claims limit for West Virginia, each from the state's own pages or courts. **Quick answer.** Security deposit return deadline in the state: 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). Deposit limit: No maximum in article 37-6A. **Sources checked:** November 2026 **Quick answer.** The state: no deposit cap in the law read; deposit returned within 60 days; $20,000 small claims limit. 16 of 23 items are confirmed on official pages; 7 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. Need the other side served? [Process serving with an affidavit of service](/notary/process-serving). - ### ConfirmedDeposit limit No maximum in article 37-6A. Source: [West Virginia Legislature: Code article 37-6A](https://code.wvlegislature.gov/email/37-6A/), checked November 2026 - ### 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](https://code.wvlegislature.gov/37-6A-2/), checked November 2026 - ### ConfirmedItemized list of deductions A written itemization of damages and other charges (37-6A-2(a)). Source: [West Virginia Legislature: Code 37-6A-2](https://code.wvlegislature.gov/37-6A-2/), checked November 2026 - ### ConfirmedInterest on the deposit Not addressed in article 37-6A. Source: [West Virginia Legislature: Code article 37-6A](https://code.wvlegislature.gov/email/37-6A/), checked November 2026 - ### Not confirmedWhere the deposit is held Not confirmed — check [West Virginia Legislature: Code 37-6A-2](https://code.wvlegislature.gov/37-6A-2/). Not confirmed from official text. Check W. Va. Code 37-6A. - ### 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)). Sources: [West Virginia Legislature: Code 37-6A-2](https://code.wvlegislature.gov/37-6A-2/); [West Virginia Legislature: Code article 37-6A](https://code.wvlegislature.gov/email/37-6A/), checked November 2026 More: [Security deposit rules by state](/tools/security-deposit-rules-by-state#st-WV) · [Deposit return deadline calculator](/tools/security-deposit-return-deadline-calculator?state=WV) ## 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)](https://code.wvlegislature.gov/pdf/37-6/), 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)](https://code.wvlegislature.gov/pdf/37-6/), 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)](https://code.wvlegislature.gov/pdf/37-6/), checked November 2026 | | Unpaid rent notice | Not confirmed — check [West Virginia Legislature: W. Va. Code Chapter 37, Article 6 (Landlord and tenant)](https://code.wvlegislature.gov/pdf/37-6/). 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)](https://code.wvlegislature.gov/pdf/37-6/), 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)](https://code.wvlegislature.gov/pdf/37-6/), checked November 2026 | More: [Notice periods by state](/tools/landlord-tenant-notice-periods-by-state#st-WV) · [Notice date calculator](/tools/notice-date-calculator?state=WV) ## Eviction case, in order (5 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. #### 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)](https://code.wvlegislature.gov/email/55-3A/), checked November 2026 - #### Not confirmedFiling fee Not confirmed — check [West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property)](https://code.wvlegislature.gov/email/55-3A/). Not confirmed on an official page we opened. - **The tenant's answer or appearance** #### 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)](https://code.wvlegislature.gov/email/55-3A/), checked November 2026 - **Hearing or trial** #### 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)](https://code.wvlegislature.gov/email/55-3A/), checked November 2026 - **Judgment and the writ** The order that lets the officer act. #### Not confirmedJudgment to writ Not confirmed — check [West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property)](https://code.wvlegislature.gov/email/55-3A/). Not confirmed on an official page we opened. - **Lockout** Carried out by an officer, not by either side. #### Not confirmedWrit to lockout Not confirmed — check [West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property)](https://code.wvlegislature.gov/email/55-3A/). Not confirmed on an official page we opened. - #### 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)](https://code.wvlegislature.gov/email/55-3A/), checked November 2026 - **Along the way** Paying to stop the case, counsel and diversion programs. #### Not confirmedPaying to stop the case Not confirmed — check [West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property)](https://code.wvlegislature.gov/email/55-3A/). Not confirmed on an official page we opened. - #### ConfirmedRight to counsel (statewide) No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here.An eviction right to counsel is created by an enacted law that, at a minimum: Source: [National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026)](https://civilrighttocounsel.org/wp-content/uploads/2023/11/RTC_Enacted_Legislation_in_Eviction_Proceedings_FINAL.pdf), checked November 2026 - #### Not confirmedDiversion or mediation (statewide) Not confirmed — check [West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property)](https://code.wvlegislature.gov/email/55-3A/). Not confirmed on an official page we opened. 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: [West Virginia eviction process](/tools/eviction-process-west-virginia) · [Eviction timeline estimator](/tools/eviction-timeline-estimator?state=wv) ## Deposit disputes: small claims - ### 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: $50 to $70. Source: [Supreme Court of Appeals of West Virginia: Information Sheet, Civil Case Plaintiff (SCA-MI 400, 06-18)](https://www.courtswv.gov/sites/default/pubfilesmnt/2023-06/SCA-MI-400-InformationSheet-CivilCasePlaintiff.pdf), checked November 2026 More: [West Virginia small claims court](/tools/small-claims-west-virginia) ## Still to confirm - Where the deposit is held: check [West Virginia Legislature: Code 37-6A-2](https://code.wvlegislature.gov/37-6A-2/) - Unpaid rent notice: check [West Virginia Legislature: W. Va. Code Chapter 37, Article 6 (Landlord and tenant)](https://code.wvlegislature.gov/pdf/37-6/) - Filing fee: check [West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property)](https://code.wvlegislature.gov/email/55-3A/) - Judgment to writ: check [West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property)](https://code.wvlegislature.gov/email/55-3A/) - Writ to lockout: check [West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property)](https://code.wvlegislature.gov/email/55-3A/) - Paying to stop the case: check [West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property)](https://code.wvlegislature.gov/email/55-3A/) - Diversion or mediation (statewide): check [West Virginia Code, Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property)](https://code.wvlegislature.gov/email/55-3A/) 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](/tools/landlord-rules-by-state) · [Kits for landlords](/toolkits/for/landlords) ## Keep rental records in order [Bookkeeping for small landlords](/bookkeeping/for/small-landlords)[Call (908) 444-6373](tel:+19084446373)