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Free West Virginia Background &
Credit Check Authorization Template

Last reviewed September 2026

Written by LawLease Editorial

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West Virginia Background & Credit Check Authorization

This Background & Credit Check Authorization is built with West Virginia as the governing state. These are the West Virginia landlord-tenant rules that most often bear on it, with the statute for each.

West Virginia rules at a glance

West Virginia rules for a Background & Credit Check Authorization
Security deposit limitNo statutory capW. Va. Code §37-6A-2
Deposit returnThe shorter of 60 days after the tenancy ends or 45 days after a new tenant moves inW. Va. Code §37-6A-1(7)
Deposit termsWest Virginia doesn’t mandate a deposit-receipt form, but any deduction beyond rent and damage — such as cleaning or third-party repair costs — must be provided for in the rental agreement to be taken from the deposit (§37-6A-2(b)(5)).
Deposit rightsA lease can’t make the tenant waive any Article 6A deposit right. Such a clause is unenforceable, and a landlord who sues to enforce one owes the tenant’s actual damages and attorney’s fees (§37-6A-4).

Security deposits in West Virginia

West Virginia sets no maximum security deposit, no separate-account requirement, and no interest requirement. Its Article 6A rules focus on how the deposit may be used and when it must come back — and the deadline works differently than in any neighboring state.

  • The “shorter of” deadline — The deposit, minus lawful deductions, must be returned with a written itemization within the “notice period”: 60 days after the tenancy ends or 45 days after a new tenant occupies the unit, whichever is shorter (§§37-6A-1(7), 37-6A-2(a)). Re-renting quickly pulls the deadline forward.
  • Permitted deductions — Unpaid rent (including reasonable late charges specified in the rental agreement), damage beyond reasonable wear and tear, unpaid utilities the landlord paid on the tenant’s behalf, reasonable removal and storage of the tenant’s belongings, and other charges provided for in the agreement (§37-6A-2(b)).
  • 15-day extension — If the damage exceeds the deposit and needs a third-party contractor, the landlord may notify the tenant in writing within the notice period and take an extra 15 days to itemize (§37-6A-2(c)).
  • Delivery — By hand or by mail to the tenant’s last known or forwarding address; if it comes back undeliverable, the landlord holds it for six months for pickup (§37-6A-2(g)).
  • Records — The landlord must keep itemized deduction records for one year after the tenancy ends and let the tenant inspect or copy them within 72 hours of a written request (§37-6A-3).
  • Penalty — A landlord who willfully or in bad faith fails to comply owes the unreturned deposit plus damages of one and a half times the amount wrongfully withheld (§37-6A-5).

Required disclosures in West Virginia

West Virginia has no statewide mold, bedbug, radon, or flood disclosure requirement for residential leases.

  • Lead-based paint — Federal warning and known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d).
  • Deposit terms — West Virginia doesn’t mandate a deposit-receipt form, but any deduction beyond rent and damage — such as cleaning or third-party repair costs — must be provided for in the rental agreement to be taken from the deposit (§37-6A-2(b)(5)).

Tenant protections you can’t waive

  • Deposit rights — A lease can’t make the tenant waive any Article 6A deposit right. Such a clause is unenforceable, and a landlord who sues to enforce one owes the tenant’s actual damages and attorney’s fees (§37-6A-4).
  • Habitability — The §37-6-30 duties are statutory minimums; a lease can add to them but should not purport to reduce them.
  • Court process — Possession is recovered through the court process in Chapter 55 — not by changing locks or removing the tenant’s belongings.
  • Retaliation — West Virginia courts recognize retaliatory eviction as a defense when a landlord acts to punish a tenant for asserting legal rights.

West Virginia Background & Credit Check Authorization FAQs

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

West Virginia sets no maximum — the amount is whatever the lease specifies. The law instead controls what the deposit can be used for and how quickly it must be returned (W. Va. Code §37-6A-2).

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

Within the shorter of 60 days after the tenancy ends or 45 days after a new tenant moves in, with a written itemization of deductions (§§37-6A-1(7), 37-6A-2). If damage exceeds the deposit and needs a contractor, notice within that period buys an extra 15 days. Willful or bad-faith withholding can cost 1.5 times the amount withheld (§37-6A-5).

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