Virginia · Security deposits · Updated Oct 2026

Virginia security deposit law

How much a landlord in Virginia can charge, the deadline to return a deposit, what may be deducted, the penalty for keeping it wrongly and how to get yours back.

Short answer

In Virginia, the deposit limit is: Two months' rent. The landlord must return it as follows: Within 45 days after the tenancy ends or you move out (whichever is later), the landlord must give you a written itemized list of deductions and any money owed to you.

deposit limit: 2 months' rent
to return a deposit: 45 days
deposit penalty: See below

Security deposit in Virginia

Limit: Two months' rent. The landlord may let you buy approved damage insurance instead, and you can switch to paying the deposit at any time.
Deadline to return it: Within 45 days after the tenancy ends or you move out (whichever is later), the landlord must give you a written itemized list of deductions and any money owed to you. If damages need an outside contractor and exceed the deposit, the landlord may notify you within the 45 days and take 15 more days to itemize. The refund goes to a forwarding address; if you give none, the landlord may hold it and later send it to the State Treasurer as unclaimed property. Give your forwarding address in writing.
Itemized list: Yes, an itemized written notice within 45 days. Landlords must keep itemized records of deductions for 2 years and let you inspect them. Receipts are not required by the law.
What may be deducted: Unpaid rent (including reasonable late charges in the lease); damage caused by your failure to meet your duties, less reasonable wear and tear; other charges in the lease; actual damages for breaking the lease; and, with advance written notice, part of the deposit to cover a final water, sewer or utility bill you owe.
Interest: No statute requires interest.
Move-in checklist: Yes. Within 5 days after you move in, the landlord must give you a written report of existing damage; it is considered correct unless you object in writing within 5 days. At move-out, the landlord must tell you in writing that you can be present at the inspection, which must happen within 72 hours after you hand over possession, if you ask in writing (Va. Code 55.1-1214, 55.1-1226(G)).
If the landlord keeps it wrongly: If the landlord willfully fails to follow the deposit law, the court orders return of the deposit plus your actual damages and reasonable attorney fees (if you owe rent, the deposit is credited against it). No double penalty.
Law: Va. Code 55.1-1214, 55.1-1226

Get your deposit back, step by step

Before you move out, clean, take dated photos and video of every room, and return all keys.
Give your landlord your new address in writing. In Virginia: The refund goes to a forwarding address; if you give none, the landlord may hold it and later send it to the State Treasurer as unclaimed property.
Wait for the deadline: Within 45 days after the tenancy ends or you move out (whichever is later), the landlord must give you a written itemized list of deductions and any money owed to you.
If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
If that doesn't work, sue in small claims court. Limit: $5,000 in the small claims division of General District Court; claims up to $50,000 can go on the regular General District Court docket. Small claims court in Virginia on Small Claims Map

Deposit return calculator for Virginia

Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.

Security deposit demand letter for Virginia

A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.

Small claims court in Virginia

Deposit disputes usually go to small claims court, where you don't need a lawyer. Limit: $5,000 in the small claims division of General District Court; claims up to $50,000 can go on the regular General District Court docket.

How to file in Virginia

Questions about security deposits in Virginia

How much can a landlord charge for a security deposit in Virginia?

Two months' rent. The landlord may let you buy approved damage insurance instead, and you can switch to paying the deposit at any time.

How long does a landlord have to return a security deposit in Virginia?

Within 45 days after the tenancy ends or you move out (whichever is later), the landlord must give you a written itemized list of deductions and any money owed to you. If damages need an outside contractor and exceed the deposit, the landlord may notify you within the 45 days and take 15 more days to itemize. The refund goes to a forwarding address; if you give none, the landlord may hold it and later send it to the State Treasurer as unclaimed property. Give your forwarding address in writing.

What can I do if my landlord won't return my deposit in Virginia?

If the landlord willfully fails to follow the deposit law, the court orders return of the deposit plus your actual damages and reasonable attorney fees (if you owe rent, the deposit is credited against it). No double penalty.

What can a landlord deduct from a security deposit in Virginia?

Unpaid rent (including reasonable late charges in the lease); damage caused by your failure to meet your duties, less reasonable wear and tear; other charges in the lease; actual damages for breaking the lease; and, with advance written notice, part of the deposit to cover a final water, sewer or utility bill you owe.

Does a landlord have to pay interest on a security deposit in Virginia?

No statute requires interest.

What is the small claims limit in Virginia?

$5,000 in the small claims division of General District Court; claims up to $50,000 can go on the regular General District Court docket.

More for Virginia renters

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Sources

Last checked: Oct 2026.