General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
Last reviewed
The short version
- A security deposit cannot exceed two months of periodic rent.
- The landlord must return the deposit, with a written itemized list of any deductions, within 45 days after the tenancy ends or the tenant moves out, whichever is later.
- Deductions must be itemized in writing; when a third party contractor is needed for repairs, the landlord gives notice within the 45 days and has 15 more days to send the final list.
- If a landlord willfully fails to comply, the court orders the deposit returned and can award actual damages and reasonable attorney fees.
- The section generally does not currently require interest on security deposits.
Virginia caps security deposits at two months of rent and gives landlords 45 days after the tenancy ends to return the deposit with a written list of deductions. Landlords must keep deduction records for two years.
Virginia security deposits at a glance
| Rule | Virginia | Law |
|---|---|---|
| Deposit limit | A security deposit cannot exceed two months of periodic rent. | Va. Code 55.1-1226(A) |
| Deadline to return the deposit | The landlord must return the deposit, with a written itemized list of any deductions, within 45 days after the tenancy ends or the tenant moves out, whichever is later. | Va. Code 55.1-1226(A) |
| Itemized deductions | Deductions must be itemized in writing; when a third party contractor is needed for repairs, the landlord gives notice within the 45 days and has 15 more days to send the final list. | Va. Code 55.1-1226(A) and (E) |
| Interest on deposits | The section generally does not currently require interest on security deposits. | Va. Code 55.1-1226 |
| Penalty for wrongful withholding | If a landlord willfully fails to comply, the court orders the deposit returned and can award actual damages and reasonable attorney fees. | Va. Code 55.1-1226(E) |
How much you can collect
Deposit limit. A security deposit cannot exceed two months of periodic rent. (Va. Code 55.1-1226(A))
Holding the deposit
Interest on deposits. The section generally does not currently require interest on security deposits. (Va. Code 55.1-1226)
Receipts and notices. Landlords keep itemized records of deposit deductions for two years and let the tenant inspect them; at move out the tenant can attend an inspection held within 72 hours of returning possession. (Va. Code 55.1-1226(F) and (G))
Deductions and normal wear and tear
A deposit can cover unpaid rent and damage beyond normal wear and tear. Everyday aging, such as faded paint, small nail holes or light carpet wear, is not damage.
Itemized deductions. Deductions must be itemized in writing; when a third party contractor is needed for repairs, the landlord gives notice within the 45 days and has 15 more days to send the final list. (Va. Code 55.1-1226(A) and (E))
Returning the deposit
Deadline to return the deposit. The landlord must return the deposit, with a written itemized list of any deductions, within 45 days after the tenancy ends or the tenant moves out, whichever is later. (Va. Code 55.1-1226(A))
Penalties for wrongful withholding
Penalty for wrongful withholding. If a landlord willfully fails to comply, the court orders the deposit returned and can award actual damages and reasonable attorney fees. (Va. Code 55.1-1226(E))
Mistakes to avoid
- Skipping a dated move-in condition report with photos, then having nothing to compare against at move out.
- Charging for normal wear and tear.
- Missing the return deadline, even by a few days.
- Not asking for a forwarding address before the tenant leaves.
- Losing track of deposit money by mixing it with operating funds without a ledger.
Keep the Virginia security deposits summary on file
Free, no sign up. The file downloads straight away.
General information, not legal advice.
Verify current law
We last checked these Virginia rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Virginia attorney about your situation.
Laws named on this page
- Va. Code 55.1-1226(A)
- Va. Code 55.1-1226(A) and (E)
- Va. Code 55.1-1226
- Va. Code 55.1-1226(E)
- Va. Code 55.1-1226(F) and (G)
Official sources
Virginia forms for this topic
Letters and checklists for this topic
Asked by landlords in this state.
Is there a limit on security deposits in Virginia?
A security deposit cannot exceed two months of periodic rent. Source: Va. Code 55.1-1226(A).
How long does a Virginia landlord have to return a deposit?
The landlord must return the deposit, with a written itemized list of any deductions, within 45 days after the tenancy ends or the tenant moves out, whichever is later. Source: Va. Code 55.1-1226(A).
Do Virginia landlords have to pay interest on deposits?
The section generally does not currently require interest on security deposits. Source: Va. Code 55.1-1226.
What happens if a Virginia landlord keeps a deposit wrongly?
If a landlord willfully fails to comply, the court orders the deposit returned and can award actual damages and reasonable attorney fees. Source: Va. Code 55.1-1226(E).