Smithfield, WV Security Deposit Laws 2026
West Virginia limits security deposits to 2 month(s) of rent. In Smithfield, that's $1,874 at the median 2BR rent of $937/month. Miss the 60-day return deadline and you could owe $1,874+.
In West Virginia, landlords must return security deposits within 60 days after move-out. The maximum deposit is 2 month(s) of rent. Failure to return on time or provide an itemized statement can result in penalties of $1,874 or more.
Key Takeaways — Smithfield Security Deposit Laws
- Maximum deposit: 2 month(s) of rent = $1,874 at Smithfield's median rent
- Return deadline: 60 days after tenant moves out
- Penalty for late return: Up to 2x the deposit ($1,874)
- Itemized statement: Required with any deductions
Security Deposit Laws in Smithfield
Under West Virginia law, landlords in Smithfield may collect a maximum security deposit of 2 month(s) of rent. At Smithfield's median 2-bedroom rent of $937/month, that means the most you can legally collect is $1,874.
$1,874
max deposit (2mo × $937)
60 days
return deadline
$1,874
max penalty for late return
Returning the Deposit: The 60-Day Clock
Once a tenant moves out of your Smithfield rental, West Virginia law gives you exactly 60 days to either return the full deposit or provide an itemized statement of deductions. The clock starts on the day the tenant surrenders possession — not when you inspect the unit.
What you can deduct from a security deposit in Smithfield:
- Unpaid rent
- Damage beyond normal wear and tear
- Cleaning costs to restore the unit to move-in condition
- Costs for restoring or replacing personal property (if lease allows)
What you cannot deduct:
- Normal wear and tear (minor scuffs, carpet wear, faded paint)
- Pre-existing damage (document with photos at move-in)
- Professional cleaning if the tenant left the unit in reasonable condition
Penalty Warning
Violate West Virginia security deposit laws rules in Smithfield and you could owe $1,874+. At Smithfield's median rent of $937/month, even a single violation adds up fast.
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How Smithfield Rents Affect Deposit Amounts
Deposit amounts scale with local rents. Here's what Smithfield landlords typically collect:
| Unit Size | Median Rent (Smithfield) | Max Deposit (2mo) | Penalty Risk |
|---|---|---|---|
| Studio | $709/mo | $1,418 | $2,836 |
| 1-Bedroom | $714/mo | $1,428 | $2,856 |
| 2-Bedroom | $937/mo | $1,874 | $3,748 |
| 3-Bedroom | $1,206/mo | $2,412 | $4,824 |
Rents based on HUD Fair Market Rents (FY2026) for Wetzel County.
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Security Deposit Laws in Nearby Cities
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Download Free ChecklistReviewed by Rachid Abadli
Founder & CEO, LeaseBase · Sacramento landlord · Self-managing since 2019
LeaseBase is a property management platform — not a law firm. Consult an attorney for legal advice specific to your situation.
