Deposit laws by state › Virginia
State law · Virginia
Virginia security deposit law
How long your landlord has to return your deposit, what they can deduct, and what happens if they get it wrong.
Short answer: Within 45 days after the tenancy ends or the tenant vacates, whichever is later, the landlord must return the deposit, with any deductions itemized in a written notice.
How long does a landlord have to return a security deposit in Virginia?
- Return deadline
- Within 45 days after the tenancy ends or the tenant vacates, whichever is later, the landlord must return the deposit, with any deductions itemized in a written notice.Va. Code § 55.1-1226(A)
- Itemized list
- The itemized written notice of deductions is due within the same 45 days.Va. Code § 55.1-1226(A)
Prefer a full page? Use the security deposit deadline calculator.
What happens if a Virginia landlord misses the deadline?
- If the landlord misses it
- If the landlord willfully fails to comply, the court must order the deposit returned to the tenant. Only a judge can find willfulness, so it is not applied automatically.Va. Code § 55.1-1226(E)
- Penalty
- Virginia has no double or triple damages for deposits. If the landlord willfully fails to comply, the court orders the deposit returned plus actual damages and reasonable attorney's fees.Va. Code § 55.1-1226(E)
Penalties that depend on bad faith or willfulness are possible, not automatic. Only a judge can make that finding.
What can a Virginia landlord deduct from your deposit?
What can be deducted: Only accrued rent and lease-specified late fees, damages from the tenant's failure to meet the tenant's duties (less reasonable wear and tear), other charges in the lease, and actual damages for breach. (Va. Code § 55.1-1226(A))
Normal wear and tear: Reasonable wear and tear is subtracted from damage charges. (Va. Code § 55.1-1226(A))
What the itemized list must include: An itemized written notice of deductions and a written disposition statement with an itemized list of damages. (Va. Code § 55.1-1226(A), (G))
More on common charges: normal wear and tear, cleaning, painting, and a missing itemized list.
Is there a limit on security deposits in Virginia?
A landlord may not demand or receive a deposit of more than two months' rent. (Va. Code § 55.1-1226(A))
Deadlines and steps on your side
Virginia also sets rules for tenants. Missing one of these can cost you part of your claim, so check them early.
Move-in condition report: Within five days after move-in, the landlord must give a written report of existing damage. It is treated as correct unless the tenant objects in writing within five days of receiving it. (Va. Code § 55.1-1214(A))
Taking a deposit case to small claims court in Virginia
Small-claims limit: Virginia small claims court covers claims up to $5,000, not counting interest. General District Court handles larger claims. (Va. Code § 16.1-122.2)
Most deposit disputes never get that far. A clear demand letter, sent by certified mail, often settles them first.
Good to know
- You have a right to attend the move-out inspection, which must happen within 72 hours of returning possession (Va. Code § 55.1-1226(G)).
What to do if your Virginia landlord kept your deposit
- Pin down your dates. When you moved out, returned the keys, and gave a forwarding address in writing. Compare them with the deadline above.
- Gather your evidence. Move-in and move-out photos, the lease, the landlord's list of deductions, receipts and messages. The case checklist covers what matters.
- Send a demand letter by certified mail. Ask for the money, cite Virginia's rules, and give a deadline to pay. What a demand letter does.
- If they still don't pay, consider small claims court. You don't need a lawyer there.
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Sources
These rules come from the same verified table the Demand Letter Companion uses, checked against the sources below on October 25, 2026. Laws change; check the current official text before relying on a date.
- Va. Code § 55.1-1226: law.lis.virginia.gov
- Va. Code § 16.1-122.2: law.lis.virginia.gov
- Va. Code § 55.1-1214(A): law.lis.virginia.gov
Other states: see the guides for all 50 states and DC
This page is general legal information, not legal advice. Local ordinances can add rules, and your lease and facts matter. For advice about your situation, consult a licensed attorney in Virginia.