🏠 VIRGINIA · SECURITY DEPOSIT LAW
Security deposits in Virginia
In Virginia, Va. Code § 55.1-1226 gives your landlord 45 days after the tenancy ends to return your security deposit or send you an itemized statement of what was withheld. The deposit itself is capped at 2 months' rent. Miss that deadline and the consequence is specific: return of the deposit plus actual damages and reasonable attorney fees for willful noncompliance.
The Virginia statute
VERIFIED PRIMARY SOURCE
§ Va. Code § 55.1-1226
Landlord must give the tenant an itemized written notice of all deductions together with any amount due within 45 days after the termination date or the date the tenant vacates, whichever is later (15 extra days if third-party contractor damages exceed the deposit and notice is given). Deposit capped at 2 months’ rent. Willful noncompliance: court orders return of the deposit plus actual damages and reasonable attorney fees. Verified against primary statute text (law.lis.virginia.gov) 2026-07-01.
Read the Virginia source text →Virginia deadlines at a glance
| Rule | What Virginia requires |
|---|---|
| Deadline to return or itemize | 45 days after the tenancy ends |
| Maximum deposit | 2 months' rent |
| If the landlord misses the deadline | Return of the deposit plus actual damages and reasonable attorney fees for willful noncompliance |
| Governing statute | Va. Code § 55.1-1226 |
The 45 days run from the termination date or the date the tenant vacates, whichever is LATER. If third-party contractor damages exceed the deposit and notice is given in time, the landlord gets 15 extra days to itemize. Every figure here was read from the Virginia statute text, not a secondary summary. Verified against the primary source →
What security deposits law covers in Virginia
The 45 days clock in VirginiaVa. Code § 55.1-1226 sets Virginia's deadline at 45 days from the end of the tenancy. The 45 days run from the termination date or the date the tenant vacates, whichever is LATER. If third-party contractor damages exceed the deposit and notice is given in time, the landlord gets 15 extra days to itemize.
Virginia caps the deposit at 2 months' rentA Virginia landlord may not demand more than 2 months' rent as a security deposit under Va. Code § 55.1-1226. A deposit collected above the cap is recoverable even if you agreed to it in the lease.
Itemization is the condition of keeping anythingWithholding any part of the deposit in Virginia requires a written, itemized statement within the 45 days window. A lump-sum "cleaning and repairs" line is the kind of entry that fails the statute — and ordinary wear and tear is not deductible.
What missing the deadline costs in VirginiaReturn of the deposit plus actual damages and reasonable attorney fees for willful noncompliance — that is the remedy Va. Code § 55.1-1226 attaches to a late or missing statement, which is why the date you moved out and the date you gave a forwarding address both matter.
What to do in Virginia, in order
- Write down the date the tenancy ended and you handed back possession — in Virginia the 45 days clock runs from that date.
- Document the unit on move-out day: video every room, appliance, and wall, and keep the file timestamped.
- Send your forwarding address in writing and keep proof — several statutes start or extend the clock from it.
- If 45 days pass with no deposit and no itemized statement, send a demand letter citing Va. Code § 55.1-1226 and the penalty it carries.
- If the landlord still doesn't pay, Virginia small claims court handles deposit cases cheaply — and the statutory penalty (return of the deposit plus actual damages and reasonable attorney fees for willful noncompliance) is what you ask the court to award.
Common questions about security deposits in Virginia
How long does my landlord have to return my security deposit in Virginia?
Va. Code § 55.1-1226 gives your landlord 45 days after the tenancy ends to return your security deposit or send you an itemized statement of what was withheld. The 45 days run from the termination date or the date the tenant vacates, whichever is LATER. If third-party contractor damages exceed the deposit and notice is given in time, the landlord gets 15 extra days to itemize.
What happens if my Virginia landlord misses the deadline?
Return of the deposit plus actual damages and reasonable attorney fees for willful noncompliance. That remedy is written into Va. Code § 55.1-1226 — you generally have to claim it, and small claims court is where deposit cases of this size are decided.
How much can a landlord charge for a security deposit in Virginia?
Virginia caps it at 2 months' rent under Va. Code § 55.1-1226. A lease term purporting to charge more does not make the excess lawful.
Can my Virginia landlord keep the deposit for cleaning?
Only to return the unit to its move-in cleanliness, and any deduction must appear in the itemized statement due within 45 days. Routine turnover cleaning and ordinary wear — faded paint, traffic-worn carpet — are generally the landlord's cost, not yours.
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Run the Lease Analyzer — free →This page is general legal information, not legal advice, and doesn’t create an attorney-client relationship. Statutes change and have exceptions; the linked primary source controls. For advice on your situation, consult a licensed attorney in your state.