W. Va. Code §§ 37-6A-1 to 37-6A-6 § 37-6A-1

Definitions.

In Force
Verified 10/26/2026 · Next check 10/27/2026
West VirginiaSecurity Deposits

Operative Text

W. Va. Code §§ 37-6A-1 to 37-6A-6 § 37-6A-1
When used in this article, unless expressly stated otherwise:
(1) "Action" means recoupment, counterclaim, set off or other civil suit and any other proceeding in which rights are determined, including without limitation actions for possession, rent, unlawful detainer, unlawful entry and distress for rent.
(2) "Application fee" means any deposit of money, however denominated, which is paid by a tenant to a landlord, lessor or agent of a landlord for the purpose of being considered as a tenant for a dwelling unit.
(3) "Dwelling unit" means a structure or part of a structure that is used as a home or residence by one or more persons who maintain a household, including, but not limited to, a manufactured home.
(4) "Facility" means something that is built, constructed, installed or established to perform some particular function.
(5) "Landlord" means the owner or lessor of the dwelling unit or the building of which such dwelling unit is a part. "Landlord" also includes a managing agent of the premises who fails to disclose the name of such owner or lessor.
(6) "Managing agent" means a person authorized by the landlord to act on behalf of the landlord under a management agreement.
(7) "Notice period" means: (A) within 60 days of the termination of the tenancy; or (B) within 45 days of the occupation of the premise by a subsequent tenant, whichever time period is shorter.
(8) "Owner" means one or more persons, jointly or severally, in whom is vested:
(A) All or part of the legal title to the property, or
(B) All or part of the beneficial ownership and a right to present use and enjoyment of the premises, and the term includes a mortgagee in possession.
(9) "Person" means any individual, group of individuals, corporation, partnership, business trust, association or other legal entity, or any combination thereof.
(10) "Premises" means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant.
(11) "Rent" means all money, other than a security deposit, a nonrefundable fee or money paid to the landlord by the tenant for damage caused by the tenant to the dwelling unit, owed or paid to the landlord under the rental agreement.
(12) "Rental agreement" means all agreements, written (including an electronic record as defined by paragraph (7), section two, article one, chapter thirty-nine-a of the code) or oral, express or implied, embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.
(13) "Roomer" means a person occupying a dwelling unit that lacks a major bathroom or kitchen facility, in a structure where one or more major facilities are used in common by occupants of the dwelling unit and other dwelling units. Major facility in the case of a bathroom means toilet, and either a bath or shower, and in the case of a kitchen means refrigerator, stove or sink.
(14) "Security deposit" means any refundable deposit of money that is furnished by a tenant to a landlord to secure the performance of the terms and conditions of a rental agreement, or as security for damages to the leased premises. Security deposit does not include: (A) Rent; (B) a pet fee; or (C) application fee: Provided, That the parties expressly agree, in writing, that a pet fee or application fee is nonrefundable. A security deposit does not include prepaid rent.
(15) "Sublease" means the transfer by any tenant of any but not all interests created by a rental agreement.
(16) "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others and shall include a roomer.
(17) "Utility" means electricity, natural gas, propane gas, water, sewer, telephone and cable television provided by a public utility or such other person providing residential utility services. If the rental agreement so provides, a landlord may use submetering equipment or energy allocation equipment, or a ratio utility billing system.
Source: Legislative text reproduced verbatim
Plain English

West Virginia Code § 37-6A-1 establishes the foundational vocabulary for the state's residential rental security deposit law. It defines key terms — such as "security deposit," "landlord," "tenant," "dwelling unit," and "notice period" — that govern how the rest of Article 6A is interpreted and applied. Notably, the definitions clarify that a security deposit is refundable by nature, and that pet fees and application fees are only excluded from that category when the parties have expressly agreed in writing that those fees are nonrefundable. The "notice period" is specifically capped at either 60 days after tenancy ends or 45 days after a new tenant moves in, whichever comes first.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under § 37-6A-1, property owners and managing agents should be aware that the definitions in this section shape every obligation in Article 6A. A compliant operator clearly distinguishes between refundable security deposits and nonrefundable fees — such as pet fees or application fees — by documenting any nonrefundable designation expressly in writing within the rental agreement. Managing agents who do not disclose the name of the property owner or lessor are themselves treated as "landlords" under this section, which carries direct legal responsibility for compliance with the article's requirements.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section § 37-6A-1 sets out the definitions that determine whether protections under West Virginia's security deposit law apply to a given living arrangement, including manufactured homes and rooming situations. Tenants should be aware that any deposit described as refundable generally qualifies as a "security deposit" under this article, regardless of what a landlord chooses to call it — and that pet fees or application fees only fall outside that protection if a written agreement expressly states they are nonrefundable. Tenants who believe a fee has been misclassified to avoid security deposit protections may wish to consult a tenant-rights organization or review the full Article 6A framework to understand available remedies.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ R 125.2001
Definitions.
§ 5-12-081
Interest rate on security deposits
§ 5-3-5-1
SECURITY DEPOSITS AND PREPAID RENT

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