Most residential landlords require tenants to pay a security deposit to cover any repairs needed when the tenant moves out, or to cover the tenant’s failure to pay the last month's rent.

Laws vary from state to state, but many states have statutes that provide the maximum amount of security deposit a landlord may require for a residential lease and the costs for which the landlord may use the security deposit (cleaning, repairs, unpaid rent) following termination of the lease.

These laws also provide a specific deadline (often 30-60 days) for the landlord to return the tenant’s security deposit following termination of the lease—after deducting any amount properly withheld, as allowed by law.

In West Virginia, landlords can require tenants to pay a security deposit, which is typically used to cover any necessary repairs after the tenant moves out or to compensate for unpaid rent. West Virginia Code §37-6A-1 to §37-6A-5, known as the Landlord-Tenant Act, regulates security deposits for residential leases. The law does not specify a maximum limit for the amount of the security deposit that a landlord can charge. However, it does require landlords to return the security deposit within 60 days after the termination of the tenancy or within 45 days of the occupancy of a subsequent tenant, whichever is shorter, minus any deductions for damages or unpaid rent. The landlord must provide the tenant with a written itemized list of any deductions made from the security deposit. If the landlord fails to comply with these requirements, the tenant may be entitled to recover the portion of the deposit wrongfully withheld, plus reasonable attorney fees.