Laws by state / West Virginia

West Virginia landlord and tenant rules

The figures that decide most disputes between West Virginia landlords and tenants, each with a calculator and the statute behind it.

Verified against the statutes 2026-10-22By RentByState Research

Rule	West Virginia	Statute	Tool
Maximum security deposit	No statutory limit	W. Va. Code § 37-6A-2; § 37-6A-1(7)	Deposit rules
Deposit return deadline	Deposit and written itemization returned within the 'notice period': 60 days after termination of the tenancy or 45 days after a new tenant occupies the unit, whichever is shorter; 15 additional days if damages exceed the deposit and a third-party contractor is needed (landlord must notify within the notice period)	W. Va. Code § 37-6A-2; § 37-6A-1(7)	Deposit rules
Interest on the deposit	Not required	W. Va. Code § 37-6A-2; § 37-6A-1(7)
Maximum late fee	No statutory cap	W. Va. Code ch. 37, arts. 6 and 6A (no late-fee provision)	Late fee calculator
Landlord notice, month-to-month	30 days	W. Va. Code § 37-6-5; § 55-3A-1 (no pre-suit notice to quit is required for nonpayment; the landlord may file a petition for summary relief immediately and the court sets a hearing 5-10 judicial days later)	Notice calculator
Tenant notice, month-to-month	30 days	W. Va. Code § 37-6-5; § 55-3A-1 (no pre-suit notice to quit is required for nonpayment; the landlord may file a petition for summary relief immediately and the court sets a hearing 5-10 judicial days later)	Notice calculator
Rent increase notice	No statute	W. Va. Code § 37-6-5; § 55-3A-1 (no pre-suit notice to quit is required for nonpayment; the landlord may file a petition for summary relief immediately and the court sets a hearing 5-10 judicial days later)	Notice calculator
Pay-or-quit notice	No statutory period	W. Va. Code § 37-6-5; § 55-3A-1 (no pre-suit notice to quit is required for nonpayment; the landlord may file a petition for summary relief immediately and the court sets a hearing 5-10 judicial days later)	Notice calculator
Rent increase cap	None statewide

Security deposits in West Virginia

West Virginia sets no statutory limit on the size of a security deposit. The deposit must be returned deposit and written itemization returned within the 'notice period': 60 days after termination of the tenancy or 45 days after a new tenant occupies the unit, whichever is shorter; 15 additional days if damages exceed the deposit and a third-party contractor is needed (landlord must notify within the notice period). No interest is owed on the deposit under state law. Wrongful withholding: tenant may recover the deposit plus damages up to 1.5 times the amount wrongfully withheld (§ 37-6A-5). Text read via Wayback Machine copies of the official code.wvlegislature.gov pages (the site returned 403 directly). Full deposit rules and move-out checklist.

Late fees in West Virginia

West Virginia sets no statutory cap on late fees. The amount is whatever the lease says, subject to the general rule that it must not be an unconscionable penalty. There is no statutory grace period, so the lease controls when the fee starts. Calculate the maximum fee.

Notice periods in West Virginia

A West Virginia landlord must give 30 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. There is no separate statutory notice period for rent increases; the month-to-month termination notice is the practical minimum. For nonpayment, no statutory pay-or-quit period applies; the landlord may proceed after rent is due and unpaid, subject to the lease. Calculate the effective date of a notice.

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Frequently asked questions

How much can a landlord charge for a security deposit in West Virginia?

There is no statutory cap in West Virginia; the market and the lease decide. Wrongful withholding: tenant may recover the deposit plus damages up to 1.5 times the amount wrongfully withheld (§ 37-6A-5). Text read via Wayback Machine copies of the official code.wvlegislature.gov pages (the site returned 403 directly).

What is the maximum late fee for rent in West Virginia?

There is no statutory maximum in West Virginia. No statutory cap or grace period for residential late fees in West Virginia; the lease controls. The most common lease figure nationally is 5% of monthly rent, and courts in no-cap states generally accept fees in that range while rejecting ones that look like penalties.

How much notice does a landlord have to give a tenant to move out in West Virginia?

30 days’ written notice for a month-to-month tenancy. A periodic tenancy of less than a year may be terminated by either party with written notice of one full period before the end of a period (one month for month-to-month); year-to-year requires three months

How long is a pay-or-quit notice in West Virginia?

No statutory notice period for nonpayment; check the lease and local court rules.