Virginia security deposit rules
How Virginia deposit returns generally work
Virginia generally requires a landlord to give the tenant a written notice itemizing the security deposit and any deductions, together with any amount due, within 45 days after the tenancy ends or the tenant vacates, whichever is later, and limits deductions to listed uses such as accrued rent and damage less reasonable wear and tear. Va. Code § 55.1-1226(E) describes what a court shall order, including return of the deposit, actual damages, and reasonable attorney fees, when a landlord willfully fails to comply.
Va. Code § 55.1-1226(A) generally requires a written notice itemizing the deposit and any deductions, with any amount due, within 45 days after the tenancy terminates or the tenant vacates, whichever occurs last.
Deductions are generally limited to accrued rent and reasonable late charges, damage less reasonable wear and tear, other charges provided in the rental agreement, and actual damages for breach; deposits are capped at two months’ periodic rent.
Section 55.1-1214 calls for a move-in damage report that is deemed correct unless the tenant objects in writing within five days, and § 55.1-1226(G) lets a tenant who asks in writing attend the move-out inspection.
Watch your own deadline: Va. Code § 55.1-1226(B) allows a landlord that has not received a forwarding address to continue holding the deposit and, one year after the 45-day period ends, to remit it to the State Treasurer as unclaimed property. Give the landlord a written forwarding address and keep proof of when and how you sent it.
Check coverage: Va. Code § 55.1-1201 applies the Act to single-family and multifamily dwelling units statewide but excludes certain occupancies, such as institutional residence, condominium owner occupancy, campgrounds, rent-free occupancy, and some employer-conditioned housing, and exempts most transient lodging. The Act supersedes local landlord-tenant ordinances.
These are general summaries, not conclusions about your situation. Review the linked official text and obtain legal advice when needed.
Deadline calculator · Normal wear and tear vs. damage · How to get your deposit back · Deadlines in other states