Virginia · Security deposits · Updated Oct 2026

Virginia security deposit law

In Virginia, your landlord has 45 days to return your deposit.

Checked against official sources: Oct 24, 2026

Short answer

In Virginia, the deposit limit is: Two months' rent. The landlord must return it as follows: Within 45 days after the tenancy ends or you move out (whichever is later), the landlord must give you a written itemized list of deductions and any money owed to you.

deposit limit: 2 months' rent
to return a deposit: 45 days
deposit penalty: See below

Get your letter ↓ Check the deadline ↓

Get your deposit back, step by step

Before you move out, clean, take dated photos and video of every room, and return all keys.
Give your landlord your new address in writing. In Virginia: The refund goes to a forwarding address; if you give none, the landlord may hold it and later send it to the State Treasurer as unclaimed property.
Wait for the deadline: Within 45 days after the tenancy ends or you move out (whichever is later), the landlord must give you a written itemized list of deductions and any money owed to you.
If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
If that doesn't work, sue in small claims court. Limit: $5,000 in the small claims division of General District Court; claims up to $50,000 can go on the regular General District Court docket. Small claims court in Virginia on RobinClaim

Deposit return calculator for Virginia

Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed.

Security deposit demand letter for Virginia

A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.

Your full name (required)

Where should they send your money? (your mailing address) (required)

Phone

Landlord or property manager (required)

The name on your lease or rent receipts.

Landlord's address (required to mail it)

Address of the rental (required)

I will hand it to the landlord or email it (no mailing address needed)

Date of the letter

Usually today. The deadline in the letter counts from this date.

Date you moved in

Date you moved out (required)

Deposit you paid ($) (required)

Amount the landlord returned ($)

Did you get an itemized list of deductions?

Days the landlord has to pay

We suggest 14 days.

Why the deductions are wrong (optional, in English)

One or two sentences. This text goes into the letter as written.

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Other formats

Sign it, keep a copy, and send it by certified mail with a return receipt. The receipt is your proof that the landlord got it.

Security deposit in Virginia

Limit: Two months' rent. The landlord may let you buy approved damage insurance instead, and you can switch to paying the deposit at any time.
Deadline to return it: Within 45 days after the tenancy ends or you move out (whichever is later), the landlord must give you a written itemized list of deductions and any money owed to you. If damages need an outside contractor and exceed the deposit, the landlord may notify you within the 45 days and take 15 more days to itemize. The refund goes to a forwarding address; if you give none, the landlord may hold it and later send it to the State Treasurer as unclaimed property. Give your forwarding address in writing.
Itemized list: An itemized written notice within 45 days. Landlords must keep itemized records of deductions for 2 years and let you inspect them. Receipts are not required by the law.
What may be deducted: Unpaid rent (including reasonable late charges in the lease); damage caused by your failure to meet your duties, less reasonable wear and tear; other charges in the lease; actual damages for breaking the lease; and, with advance written notice, part of the deposit to cover a final water, sewer or utility bill you owe.
Interest: No statute requires interest.
Move-in checklist: Within 5 days after you move in, the landlord must give you a written report of existing damage; it is considered correct unless you object in writing within 5 days. At move-out, the landlord must tell you in writing that you can be present at the inspection, which must happen within 72 hours after you hand over possession, if you ask in writing (Va. Code 55.1-1214, 55.1-1226(G)).
If the landlord keeps it wrongly: If the landlord willfully fails to follow the deposit law, the court orders return of the deposit plus your actual damages and reasonable attorney fees (if you owe rent, the deposit is credited against it). No double penalty.
Law: Va. Code 55.1-1214, 55.1-1226

Small claims court in Virginia

Deposit disputes usually go to small claims court, where you don't need a lawyer. Limit: $5,000 in the small claims division of General District Court; claims up to $50,000 can go on the regular General District Court docket.

How to file in Virginia

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Sources

Checked against official sources: Oct 24, 2026