Virginia security deposit law

Security Deposit Laws in Virginia: What Your Landlord Can and Cannot Keep

Your landlord has 45 days under Virginia law to return your security deposit, or you may be owed more than what they withheld. If they keep more than they're legally allowed, you can dispute it.

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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. 1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
  2. 2. We generate a demand letter citing Va. Code Ann. § 55.1-1226 and your exact deadline.
  3. 3. We mail it to your landlord via USPS Certified Mail with return receipt.
  4. 4. You track delivery on your case page, with day-7 and day-14 follow-up.

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Virginia tenant rights resources

Every fact on this page is verified against Virginia's official statutory text as of 2026-09-04. TenantNex prepares legal correspondence as a document preparation service, not as your attorney. For complex disputes, consult a licensed attorney in Virginia.

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What TenantNex is — and isn't

TenantNex is a document preparation and delivery service, 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.