Short answer: West Virginia renters face flooding and storms, and your landlord's policy doesn't cover your belongings. Under W. Va. Code §37-6A-2, the landlord must return the deposit, less deductions and with a written itemization, within the notice period. That period is the shorter of 60 days after the tenancy ends or 45 days after a new tenant occupies the unit. Deductions are limited to listed items such as unpaid rent and damage beyond reasonable wear and tear.
This guide is general information for West Virginia renters. It isn't legal advice, and local ordinances can add rules. Your lease and policy wording control.
Your landlord's policy covers the building, not your belongings or liability. A renters policy (HO-4) covers personal property, personal liability and loss of use; flood is generally excluded (see FloodSmart). Coverage basics: renters insurance. Roommates: whether renters insurance covers roommates. Liability: how much renters liability coverage you need.
Step 1: The notice period
Under W. Va. Code §37-6A-1, the notice period is the shorter of 60 days after the tenancy ends or 45 days after a subsequent tenant occupies the unit.
Step 2: Return and itemization
Under §37-6A-2, within the notice period the landlord must give you the deposit, minus deductions, with a written itemization of any damages or other charges. Deductions are limited to:
- unpaid rent, including reasonable late charges in the lease,
- damage from your noncompliance with the lease, less reasonable wear and tear,
- unpaid utilities the landlord was billed and paid that the lease made your responsibility, and
- reasonable costs of removing and storing property you left behind.
Step 3: Flooding
Standard renters policies generally exclude flood. Many West Virginia renters live in river valleys, so check your flood risk and NFIP contents coverage at FloodSmart.
Questions? Contact Alishahi Insurance or call (877) 711-4545. See insurance in West Virginia.
Frequently asked questions
How long does a West Virginia landlord have to return my deposit?
Within the shorter of 60 days after the tenancy ends or 45 days after a new tenant moves in.
Can a West Virginia landlord deduct for normal wear and tear?
No. Damage deductions are less reasonable wear and tear.
Does renters insurance cover flooding in West Virginia?
Generally no. NFIP contents coverage is separate.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. This isn't legal, tax or financial advice or a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.