Virginia Security Deposit Law

How much can a landlord charge?

No more than two months' periodic rent (Va. Code § 55.1-1226(A)).

When must the deposit be returned?

Within 45 days after the tenancy ends or the tenant vacates, whichever is later, the landlord must give a written, itemized notice of the deposit and any deductions, together with any amount due (§ 55.1-1226(A)). If damage requires a third-party contractor and the landlord gives written notice within the 45 days, the landlord gets 15 more days to itemize.

Key rules

• Deductions are limited to accrued rent (including reasonable late charges in the lease), damages from the tenant's noncompliance with § 55.1-1227 less reasonable wear and tear, other charges provided in the rental agreement, and actual damages for breach.
• After notice of move-out, the landlord must tell the tenant in writing of the right to be present at the move-out inspection (§ 55.1-1226(G)).
• Deductions made during the tenancy must be itemized to the tenant in writing within 30 days of the determination (§ 55.1-1226(E)).

If the landlord doesn't follow the law

If the landlord willfully fails to comply, the court must order the deposit returned with actual damages and reasonable attorney fees, unless the tenant owes rent, in which case the deposit amount is credited against the rent due (§ 55.1-1226(E)).

Frequently asked questions

Sources

• Va. Code § 55.1-1226 (official text)