Getting The Deposit Back
Va. Code 55.1-1226 — two months' rent at most, and 45 days to itemize and return it
In Virginia, a landlord may not demand or receive a security deposit of more than two months' periodic rent. At the end of the tenancy, the deposit may be applied only to unpaid rent and reasonable late charges in the rental agreement, damage from the tenant's failure to meet the tenant's duties less reasonable wear and tear, other charges the agreement provides for, and actual damages for breaking the agreement.
45 days to give an itemized notice and any balance. The landlord itemizes the deposit and every deduction in a written notice to the tenant, with any amount due to the tenant, within 45 days after the tenancy ends or the tenant moves out, whichever is later. Where repairs by an outside contractor will cost more than the deposit, a written notice within the 45 days gives the landlord 15 more days to itemize them.
When asked to leave, or within five days after learning the tenant intends to leave, the landlord gives written notice of the tenant's right to be present at the move-out inspection. A tenant who asks in writing to be there is told the date and time, and the inspection is made within 72 hours of the tenant giving up possession.
If the landlord willfully fails to comply, the court orders the deposit returned with actual damages and reasonable attorney fees, unless the tenant owes rent, in which case the deposit is credited against it. Where several tenants share a lease, the refund is one check payable to all of them, sent to a forwarding address one of them gives.
Sources for this section (1)
- Va. Code 55.1-1226 — Security deposits
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.