What counts as 'normal wear and tear'?

Normal wear and tear includes minor scuffs on walls, small nail holes from hanging pictures, carpet worn from normal foot traffic, and faded paint after 2+ years of tenancy. Landlords cannot legally deduct for these in most states. DepositHawk checks each item against your state's legal standard.

What if my landlord already sent me a deduction list?

That's exactly what the Demand Letter plan is for. Enter each deduction, and we generate a letter challenging each one individually with the specific statute or case law that makes it impermissible.

What if the deadline has already passed?

You may still recover your deposit even after the deadline, but you likely lose the penalty multiplier (2x or 3x damages) in most states. DepositHawk will tell you exactly what you can still recover.

No. Small claims court is designed for self-represented parties. Most security deposit cases settle after a demand letter — landlords often comply rather than appear in court.

Is this legal advice?

DepositHawk provides legal information — the actual statutes, deadlines, and penalty structures for your state — not legal advice. For complex situations or large amounts, consulting an attorney is always an option.

How much can I recover?

In Texas: up to 3x the withheld amount plus $100. In California: up to 2x the deposit amount. In New York: actual damages. The amount varies significantly by state — DepositHawk calculates your maximum recoverable amount before you decide to proceed.

Last updated: April 2026Researched by DepositHawk Research Team

West Virginia Does Not Require Deposit Interest

West Virginia landlords are not required to pay interest on your security deposit. But that does not mean they can do whatever they want with it.

West Virginia does not require landlords to pay interest on security deposits. However, landlords must return the deposit within 60 days of move-out under W. Va. Code § 37-6A-2.

W. Va. Code § 37-6A-2

•Your Rights

What Your West Virginia Landlord Does Owe You

Interest or not, West Virginia law gives you real protections on your security deposit:

60-day return deadline. Your landlord has 60 days after you move out to return your deposit or provide an accounting of deductions.
Itemized statement required. Your landlord cannot just keep part of your deposit — they must provide a written, itemized list of every deduction and its amount within 60 days.
Penalties for violations. If your landlord misses the deadline or makes illegal deductions, West Virginia courts can award you up to 1.5x the wrongfully withheld amount.

West Virginia landlords must return security deposits within 60 days of move-out under W. Va. Code § 37-6A-2. Violations can result in up to 1.5x the wrongfully withheld amount.

W. Va. Code § 37-6A-2

•Full State Law

West Virginia Security Deposit Law — Full Breakdown

Return deadlines, allowed deductions, penalty multipliers, small claims limits — everything you need to know about West Virginia deposit law is on one page. Read the full West Virginia security deposit law breakdown.

●Frequently Asked Questions

Frequently Asked Questions

Does West Virginia require landlords to pay interest on security deposits?

No. West Virginia does not require landlords to pay interest on security deposits. However, your landlord must still return your deposit within 60 days of move-out under W. Va. Code § 37-6A-2.

What is my landlord required to do with my deposit in West Virginia?

Your West Virginia landlord must return your deposit within 60 days after you move out. They must provide an itemized statement listing any deductions. Failure to comply can result in penalties.

What happens if my West Virginia landlord keeps my deposit?

If your landlord fails to return your deposit within 60 days, you can sue in small claims court for up to 1.5x the wrongfully withheld amount. West Virginia small claims courts handle cases up to $10,000.

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DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.