Virginia security deposit law
Security Deposit Laws in Virginia
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When did you move out?
This is the one that matters. Your clock starts the day you handed back the keys — not the day your landlord replies.
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Virginia security deposit return timeline
Deadline to return
45 days
Statute
Va. Code Ann. § 55.1-1226
45 days after the termination date of the tenancy OR the date the tenant vacates the dwelling unit, WHICHEVER OCCURS LAST. The deposit and any deductions, damages and charges must be itemized in a written notice given to the tenant together with any amount due. TWO VARIATIONS: (1) if damages exceed the deposit and require a third-party contractor, and the landlord gives written notice of that fact within the 45-day period, the landlord gets an ADDITIONAL 15 days to provide the itemization and cost of repair; (2) with multiple tenants, disposition is by one check payable to all tenants sent to a forwarding address provided by one of them — if NO forwarding address is provided, the landlord may continue to hold the deposit in escrow (and after one year past the 45-day period may remit it to the State Treasurer as unclaimed property).
What can a landlord legally deduct in Virginia?
Allowed
- ✓Accrued rent, including reasonable late-payment charges specified in the rental agreement
- ✓Damages the landlord suffered by reason of the tenant's noncompliance with § 55.1-1227, less reasonable wear and tear
- ✓Other damages or charges as provided in the rental agreement
- ✓Actual damages for breach of the rental agreement pursuant to § 55.1-1251
- ✓A reasonable portion for a balance due on a water, sewer or other utility account owed to a third-party provider — ONLY if the landlord gave the required prior written notice of rights and obligations
Not allowed
- ✗Reasonable wear and tear
What if your landlord keeps your deposit wrongfully in Virginia?
NO statutory damages multiplier. If the landlord WILLFULLY fails to comply, the court SHALL order return of the deposit together with ACTUAL DAMAGES and REASONABLE ATTORNEY FEES, unless the tenant owes rent, in which case an amount equal to the deposit is credited against the rent due. WILLFULNESS is required for the damages-and-fees remedy. Deposit separately capped at two months' periodic rent.
How TenantNex helps
- 1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
- 2. We generate a demand letter citing Va. Code Ann. § 55.1-1226 and your exact deadline.
- 3. We mail it to your landlord via USPS Certified Mail with return receipt.
- 4. You track delivery on your case page, with day-7 and day-14 follow-up.
$39 per case — founding price, one flat fee, no subscription.
Virginia tenant rights resources
- HUD — tenant rights and resources
- Find your state's consumer protection / Attorney General office
- Key statute: Va. Code Ann. § 55.1-1226 — verified against the official text on 2026-09-04.
Every fact on this page is verified against Virginia's official statutory text as of 2026-09-04. TenantNex is not a law firm and this is not legal advice. For complex disputes, consult a licensed attorney in Virginia.
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45 days
Virginia law sets this deadline — your landlord must return your deposit or itemize deductions by then.
If they wrongfully withhold
NO statutory damages multiplier. If the landlord WILLFULLY fails to comply, the court SHALL order return of the deposit together with ACTUAL DAMAGES and REASONABLE ATTORNEY FEES, unless the tenant owes rent, in which case an amount equal to the deposit is credited against the rent due. WILLFULNESS is required for the damages-and-fees remedy. Deposit separately capped at two months' periodic rent.
Va. Code Ann. § 55.1-1226 — verified against the official statute 2026-09-04
Your 45 days started the day you moved out — that clock is running right now whether or not your landlord acts.
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We don't stop at mailing it. If your landlord doesn't respond, we follow up at day 7 and day 14 — and help you build the evidence and paperwork for small claims if it comes to that. Real result: we helped Kathleen A. (Ohio) recover her full $3,000 deposit this way.
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| Option | Price | Effort | Follow-up |
|---|---|---|---|
| Do it yourself | — | All of it | You chase |
| TenantNex | $39 | Done for you | We chase |
| Small-claims services | $149–448 | — | — |
| Hire an attorney | $300–2,000+ | — | — |
An attorney starts at $300. Filing services charge $149 for the letter alone. We prepare the whole claim for $39.
Recover
We run your claim until you are paid — or you are ready to file.
- Step 1 — certified demand letter citing your state statute, deadline and penalty
- Mailed USPS Certified with return receipt, tracked to your landlord’s door
- Step 2 — day-14 notice of intent to file, the one most landlords act on
- Step 3 — your small-claims packet: the right form for your county, filled in
- Where to file, what it costs, and how to serve your landlord
- Evidence checklist, with your certified receipt as Exhibit A
- Counter-response letter if your landlord disputes or underpays
- Attorney referral if it is still unresolved after 21 days
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What TenantNex is — and isn't
TenantNex is not a law firm. We prepare and send correspondence using publicly available state statutes. We do not provide legal advice, legal representation, or guarantee any outcome. For complex legal matters, consult a licensed attorney in your state.