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Virginia security deposit law
Short answer: A Virginia landlord has 45 days after the tenancy ends (or the tenant moves out, whichever is later) to return the deposit with an itemized written notice of deductions. Deposits are capped at two months' rent.
| Deadline to return the deposit | 45 days after the tenancy ends or the tenant moves out, whichever is later. If damage exceeds the deposit and needs an outside contractor, the landlord can notify the tenant within 45 days and get 15 more days to itemize. |
|---|---|
| Limit on how much a landlord can charge | Two months' rent. |
| Itemized list of deductions | Yes. The deposit and every deduction must be itemized in a written notice sent with any amount owed to the tenant. |
| Interest on the deposit | Not required by state law. |
| Penalty if the landlord breaks the rules | If a landlord willfully breaks these rules, the court orders the deposit returned plus actual damages and reasonable attorney's fees (unless the tenant owes rent, in which case the deposit is credited against it). |
| What the tenant has to do | Give a forwarding address. If you want to be at the move-out inspection, tell the landlord in writing; it must happen within 72 hours after you hand over possession. |
| The law | Code of Virginia Section 55.1-1226 |
Official law: Code of Virginia Section 55.1-1226. Checked against the statute on 2026-11-04.
Good to know
- Deductions are limited to unpaid rent and late fees, damage beyond reasonable wear and tear, other charges in the lease, and actual damages for breaking the lease.
- When the tenant gives notice to move out, the landlord has 5 days to tell the tenant in writing of the right to attend the move-out inspection.
- With roommates, the refund goes out as one check payable to all tenants unless they all agreed otherwise in writing.
- Landlords must keep records of deductions for two years and let tenants inspect them.
- A landlord can accept damage insurance instead of a deposit, and the tenant can switch to paying a deposit at any time.
Tips for landlords
- Do a written move-in inspection and have the tenant sign it. Take dated photos of every room, including inside appliances and closets.
- Collect the tenant's forwarding address in writing at move-out.
- Put the itemized list and the refund in the mail well before the deadline, and keep proof of mailing.
- Normal wear and tear (faded paint, light carpet wear, small nail holes) usually can't be charged. Damage beyond that can.
Tips for tenants
- Take your own dated photos and video on move-in day and move-out day.
- Give your landlord your forwarding address in writing, and keep a copy.
- If the deadline passes, send a written demand letter that cites the law above before going to small claims court.
Common questions
How long does a landlord have to return a security deposit in Virginia?
45 days after the tenancy ends or the tenant moves out, whichever is later. If damage exceeds the deposit and needs an outside contractor, the landlord can notify the tenant within 45 days and get 15 more days to itemize.
Is there a limit on security deposits in Virginia?
Two months' rent.
Does a landlord in Virginia have to itemize deductions?
Yes. The deposit and every deduction must be itemized in a written notice sent with any amount owed to the tenant.