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Free West Virginia Rental Application Form - Fill Online, Sign & Download the PDF

West Virginia only adopted security-deposit rules in 2011, and they give a landlord up to 60 days to return your deposit (or 45 days after a new tenant moves in), with a penalty for bad-faith withholding (W.Va. Code § 37-6A). Fill it out below with plain-English help on every field, then sign and download your completed PDF free.

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West Virginia rental application rules to know

•Deposit return: a landlord must return your deposit, or send an itemized list of deductions, within 60 days after the tenancy ends, or within 45 days after a new tenant moves in, whichever comes first (W.Va. Code § 37-6A-1, § 37-6A-2).
•Repair extension: if your damages exceed the deposit and a third-party contractor is needed, the landlord gets 15 extra days to itemize, but only if they mailed you written notice within the normal period (W.Va. Code § 37-6A-2).
•Penalty: if a landlord willfully or in bad faith fails to return your deposit, you can recover the withheld amount plus damages equal to one and a half times the amount wrongfully withheld (W.Va. Code § 37-6A-5).
•Allowed deductions: deposits may only cover unpaid rent (including reasonable late fees specified in the lease), damage beyond reasonable wear and tear, unpaid utilities the landlord paid, and reasonable costs to remove and store property you left behind (W.Va. Code § 37-6A-2).
•No deposit cap: West Virginia sets no maximum on the security deposit amount, and does not require it to be held in a separate or interest-bearing account.
•Recent law: these deposit rules only took effect in 2011; before then, West Virginia had no statute setting any deadline to return security deposits (W.Va. Code § 37-6A).
•Application fees: an application fee is separate from a security deposit and can be made nonrefundable only if you agree to that in writing (W.Va. Code § 37-6A-1). There is no statewide cap on application fees.
•Fair housing: West Virginia's Fair Housing Act protects the federal categories plus ancestry and blindness (W.Va. Code § 16B-18-5, recodified from the repealed § 5-11A-5 by SB 300 in 2024). Source of income is not protected statewide.

Last reviewed 2026-07-15. General information, not legal advice.

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Frequently asked questions

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

The shorter of 60 days after the tenancy ends or 45 days after a new tenant occupies the unit (W.Va. Code § 37-6A-2). The refund or itemized deductions must be mailed to your last known address.

Can the landlord take longer than 60 days?

Only in one situation: if the damage exceeds your deposit and a third-party contractor is required, the landlord gets 15 extra days to itemize, and only if they gave you written notice within the original period (W.Va. Code § 37-6A-2).

What if my landlord wrongfully keeps my deposit?

If the withholding was willful or in bad faith, you can recover the amount kept plus damages equal to one and a half times that amount (W.Va. Code § 37-6A-5).

Is there a limit on security deposits or application fees in West Virginia?

No. The state caps neither security deposits nor application fees. An application fee can be nonrefundable only if you agree to that in writing (W.Va. Code § 37-6A-1).

Can a landlord reject my Section 8 voucher?

Yes. West Virginia does not protect source of income statewide, so landlords are not required to accept housing vouchers. State fair housing law does add ancestry and blindness to the protected classes (W.Va. Code § 16B-18-5, recodified from the repealed § 5-11A-5 by SB 300 in 2024).

Does this form ask about criminal history?

Yes. West Virginia has no statewide or major-city law limiting criminal-history questions on rental applications. A blanket ban on applicants with any record can still create Fair Housing Act disparate-impact liability.

More free landlord & tenant forms

For landlords: the tenant application form and the rental verification form.