State Guide
Landlord–tenant law in West Virginia
The rules that come up in practice — returning a deposit, charging a late fee, raising the rent — each read against the West Virginia statute and quoted on its own page.
Security deposit return
Full rule →60 days
The 47th shortest of 49 states with a deadline.
W. Va. Code 37-6A-2
Late fee limit
Full rule →No statutory cap
No mandatory grace period — a fee may be charged as soon as rent is late, if the lease provides for it.
W. Va. Code 37-6
Rent increase notice
Full rule →30 days
From the month-to-month termination rule, not a rent-increase statute. The 4th shortest of 49.
W. Va. Code 37-6-5
What is distinctive about West Virginia
- Deposits: 60 days, with a second tier at 45. 60 days, or 45 days after a new tenant takes possession, whichever is sooner. Where damage exceeds the deposit and needs a third-party contractor, written notice within the period buys an extra 15 days to itemise.
- Late fees: uncapped by statute, so the limit is whatever a court would call reasonable. There is no mandatory grace period.
- Rent increases: 30 days, borrowed from the termination rule because West Virginia has no rent-increase statute.
The mistake that costs the most here
Treating “no statutory cap” as no limit. A late fee in West Virginiais liquidated damages, and one set as a round percentage with no relation to the landlord’s actual cost is the kind of clause a judge strikes out.
Where these figures come from
Each rule above was read against the section it cites and the statutory wording is quoted on the dedicated page, so you can check it rather than take our word for it. That matters more than it sounds on this subject: when we read all 51 jurisdictions we found several widely-published figures to be wrong, including a Kentucky deposit deadline that does not exist, a South Dakota one reported as 14 days when the statute says 21, and late-fee caps for nine states that actually come from their self-storage statutes.
Local ordinances can add requirements the state does not, and statutes move — Washington, Connecticut, Nevada, Rhode Island and Maryland have all changed in the last three years. Each figure carries the date we read it.
States with the same deposit deadline
Common questions about West Virginia
- How long does a West Virginia landlord have to return a security deposit?
- 60 days under W. Va. Code 37-6A-2.
- What is the maximum late fee in West Virginia?
- West Virginia sets no statutory cap. A reasonableness standard applies instead, so a fee has to bear some relation to what the late payment actually costs the landlord.
- How much notice before a rent increase in West Virginia?
- 30 days under W. Va. Code 37-6-5, which is the month-to-month termination rule — West Virginia has no statute specifically about rent increases.
- Does West Virginia have rent control?
- No statewide frequency limit is verified for West Virginia. Only California, Oregon and Washington cap the amount of an increase statewide; some cities do so locally.
Let the software know the West Virginia rules
Pacific Rentals Pro checks a lease’s late fee against the West Virginia cap, counts the deposit deadline from the move-out date, and works out the latest day to serve a rent increase. Same verified data as this page.
Start free →West Virginia rules last read against their cited sources on November 6, 2026. General information, not legal advice — verify the current text before relying on it, and check your city and county, which can impose more than the state does.