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Landlord's Desk

State law guide · Checked November 14, 2026

West Virginia landlord rules: late fees, deposits and rent increases

West Virginia says little about late fees and rent increases, and it has a separate article on security deposits. Here is what chapter 37 of the West Virginia Code says, with the section for each rule.

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The short version

  • The statute sets no late fee cap and no required grace period. A late charge taken from a deposit must be reasonable and specified in the rental agreement.
  • There is no limit on deposit size.
  • Return the deposit within 60 days after the tenancy ends, or 45 days after a new tenant moves in, whichever is shorter, with a written itemization of deductions.
  • No statute requires interest on a deposit or a special account or bond.
  • No statute sets a notice period for raising rent, and the statute sets no cap on increases.

Late fees in West Virginia

Limit
None in the statute. Late fees are mentioned just once, in the deposit rules, which refer to late charges specified in the rental agreement. W. Va. Code § 37-6A-2(b)(1)
Grace period
None in the statute. W. Va. Code ch. 37, arts. 6 and 6A
Other conditions
A late charge taken from a deposit must be reasonable and specified in the rental agreement. This is a deposit deduction rule. The statute has no stand-alone late fee provision. W. Va. Code § 37-6A-2(b)(1)

Security deposits in West Virginia

Maximum deposit
The statute sets no limit. A nonrefundable pet fee or application fee agreed to in writing, and prepaid rent, are not counted as a security deposit. W. Va. Code § 37-6A-1(14)
Return deadline
Within 60 days after the tenancy ends, or 45 days after a new tenant occupies the premises, whichever is shorter. W. Va. Code §§ 37-6A-1(7), 37-6A-2(a)
Itemized deductions
Required, in writing, delivered with the deposit within the same period. If the damages exceed the deposit and need a third-party contractor, give written notice within the period. The landlord then has 15 more days to provide the itemization. W. Va. Code § 37-6A-2(a), (c)
Interest
The statute doesn't require it. W. Va. Code ch. 37, art. 6A
How it's held
No special account or bond in the statute. The landlord must keep itemized deduction records for one year after the tenancy ends and let the tenant see them within 72 hours of a written request. W. Va. Code § 37-6A-3
Penalty
For willful or bad-faith noncompliance, the unreturned deposit plus damages of one and a half times the amount wrongfully withheld. The damages are credited against any rent the tenant owes. A tenant can sue in magistrate court or circuit court in the county of the premises. W. Va. Code § 37-6A-5

Rent increases in West Virginia

Notice to raise rent
No statute sets a notice period for a rent increase. The closest rule covers ending a periodic tenancy: notice for one full period before the end of a period, unless the parties agree to something else. Check your lease for its own notice term. W. Va. Code § 37-6-5
Statewide cap
None in the statute. W. Va. Code ch. 37, arts. 6 and 6A
City rent control
The statutes we read don't address it. The sections checked have no ban on local rent control and nothing that allows it. W. Va. Code ch. 37, arts. 6 and 6A

This page covers West Virginia state law for ordinary residential rentals. Cities and counties can add their own rules, and subsidized housing and mobile home lots follow different ones.

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Questions landlords ask

Is there a late fee limit for rent in West Virginia?

Not in the West Virginia Code's landlord and tenant articles. The lease sets the late charge, and a late charge taken from a deposit must be reasonable and specified in the rental agreement (W. Va. Code § 37-6A-2(b)(1)).

How long does a West Virginia landlord have to return a security deposit?

Within 60 days after the tenancy ends, or 45 days after a new tenant occupies the premises, whichever is shorter, with a written itemization of deductions (W. Va. Code §§ 37-6A-1(7), 37-6A-2).

What is the penalty for keeping a security deposit in West Virginia?

For willful or bad-faith noncompliance, the tenant can recover the unreturned deposit plus damages of one and a half times the amount wrongfully withheld (W. Va. Code § 37-6A-5).

Free templates you can use in West Virginia

These are plain templates that aren’t tied to one state. Fill in the numbers your statute and lease call for.

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This guide is general information, not legal advice. It summarizes state statutes as read on November 14, 2026; laws change and courts interpret them. Check the current statute (W. Va. Code, chapter 37, article 6A) or talk to a local attorney before you act.