West Virginia Move-Out Cleaning Rules: What Renters Need to Know

Before you move out of a rental property in West Virginia, it's important to understand the expected cleaning requirements and inspection process. Knowing these rules can help you avoid unnecessary charges and maximize the return of your security deposit. This guide walks you through official cleaning standards, your rights as a renter, and practical steps to protect yourself under West Virginia law.

What Does 'Clean' Mean in a West Virginia Rental?

West Virginia law expects tenants to return their rental unit to the landlord in the same condition as when they moved in, minus normal wear and tear. Normal wear and tear refers to the natural deterioration of a property from everyday use, not damage caused by neglect or accidents.

• Normal Wear and Tear: Faded paint, minor carpet wear, or loose door handles
• Damage: Large stains, missing fixtures, broken appliances, or pet damage

There is no state-mandated cleaning checklist in West Virginia, but most leases require the unit to be broom clean—meaning swept, wiped surfaces, emptied trash, and free of major grime or debris.

Move-Out Inspections in West Virginia

Landlords may conduct a move-out inspection to assess the condition of the unit and decide if any deductions from your security deposit are justified. It's a good idea for renters to request to be present during this inspection.

• Inspection timing: Usually after you return the keys and officially surrender possession
• You may request an inspection walkthrough with your landlord
• Document the unit's condition with date-stamped photos and a cleaning checklist

Your Security Deposit and Cleaning Deductions

If cleaning or repairs beyond normal wear and tear are required, landlords in West Virginia can deduct reasonable costs from your security deposit. Within 60 days of your move-out (or within 45 days if a new tenant moves in sooner), your landlord must send you an itemized list of any deductions and return the balance of your deposit (see West Virginia Code § 37-6A-2).¹

Examples of permitted deductions:

• Unpaid rent or fees
• Damage repairs (not wear and tear)
• Excessive cleaning costs

If you believe charges are unfair or excessive, you have the right to dispute them. Always keep copies of your communication, photos, and any cleaning receipts.

Official Forms for Security Deposit Disputes

• Complaint Form (Magistrate Court Civil Complaint): Used if you want to recover a withheld security deposit. File this at your local West Virginia Magistrate Court.
  See instructions and download from the West Virginia Magistrate Court Forms page.
• Practical example: If your landlord keeps all or part of your deposit due to supposed cleaning, you can complete a "Civil Complaint" form and submit it with evidence of the unit's condition.

How to Prepare Your Rental for a Move-Out Inspection

Follow these steps to help everything go smoothly with your landlord. Being proactive protects your rights and your wallet.

• Review your lease for any specific cleaning requirements
• Remove all belongings and trash
• Sweep/vacuum floors and wipe all surfaces
• Clean appliances, sinks, tubs, and toilets
• Repair any tenant-caused damage if possible
• Take photographs of every room
• Request a walk-through inspection and ask for a copy of any inspection report

Who Handles Rental Disputes and Complaints?

The West Virginia Magistrate Court is responsible for handling security deposit disputes and most rental-related claims in the state. Learn more about tenant rights under the West Virginia Code Chapter 37, Article 6A – Security Deposits.

FAQ: Cleaning and Move-Out Inspections in West Virginia

1. What is considered 'normal wear and tear' versus damage?
   Normal wear and tear refers to minor deterioration from everyday use, such as scuffed floors or faded paint. Damage includes things like holes in walls, broken fixtures, or excessive staining.
2. Do I have to hire a professional cleaning company when moving out?
   No, West Virginia law does not require professional cleaning. However, the unit should be cleaned thoroughly so it appears as it did at move-in, less normal wear and tear. Check your lease for any special terms.
3. How long does my landlord have to return my security deposit?
   Within 60 days after you move out, or 45 days if a new tenant moves in sooner. The landlord must provide an itemized list of any deductions.
4. What should I do if I disagree with cleaning charges taken from my deposit?
   You can file a complaint with West Virginia Magistrate Court, providing photos and any proof that the unit was left clean.
5. Can my landlord charge for cleaning even if I cleaned the property?
   Only if cleaning is needed to make the unit "broom clean" or to repair damage that goes beyond normal wear and tear. If you disagree, you can contest the charges in court.

Key Takeaways for Renters

• Your lease and state law expect you to return the unit clean, minus normal wear and tear.
• Photograph everything and request a final inspection with your landlord.
• You can dispute unfair cleaning charges and seek help from the Magistrate Court if needed.

Following these steps can help renters avoid unnecessary costs and ensure a smoother transition when moving out in West Virginia.

Need Help? Resources for Renters

• West Virginia Magistrate Court – Handle disputes, file civil complaints
• West Virginia Security Deposit Law (WV Code § 37-6A) – Full legal text on deposit rights
• West Virginia Legal Aid – Renters' Rights info and legal aid
• WV Department of Health & Human Resources – Local assistance and housing referrals

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1. West Virginia Code Chapter 37, Article 6A – Security Deposits
2. West Virginia Magistrate Court Forms
3. West Virginia Magistrate Court official website

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