Security deposit return law in Virginia
In Virginia, a landlord must return the security deposit within 45 days (Va. Code 55.1-1226 (Virginia Residential Landlord and Tenant Act)).
- Return deadline
- 45 days after the tenancy ends
- Deposit cap
- Two months' rent (conditions below)
- Itemized list of deductions
- Required
- If you get it wrong
- If the landlord willfully fails to comply with the section, the court must order the deposit returned to the tenant together with actual damages and reasonable attorney fees.
- Va. Code 55.1-1226 (Virginia Residential Landlord and Tenant Act). Verified 2026-09-25.
When the clock starts, and what goes with the money
- Within 45 days after the tenancy ends or the tenant moves out, whichever is later, the landlord must give the tenant a written notice itemizing the deposit and any deductions, together with any amount due to the tenant (Va. Code 55.1-1226(A)).
- If damages exceed the deposit and need a third-party contractor, the landlord must say so in writing within the 45 days and then gets an additional 15 days to itemize the damages and repair cost (55.1-1226(E)).
- With more than one tenant, the refund goes as one check payable to all tenants, sent to a forwarding address one of them provides (55.1-1226(B)).
- The landlord may withhold a reasonable amount for an unpaid final water, sewer, or other utility bill owed to a third-party provider only after giving the required prior written notice, and must refund the balance within 10 days after the bill is confirmed paid (55.1-1226(C)).
How much you can collect
Virginia caps the security deposit at two months' rent (Va. Code 55.1-1226 (Virginia Residential Landlord and Tenant Act)). The conditions attached to that cap matter as much as the number:
- A landlord may not demand or receive a security deposit, however it is labeled, of more than two months' periodic rent (Va. Code 55.1-1226(A)).
- The Virginia Residential Landlord and Tenant Act applies to all single-family and multifamily dwelling units statewide, and localities cannot modify it (55.1-1201(A)-(B)).
- A landlord may allow a tenant to buy damage insurance instead of paying a deposit, and the tenant can switch to paying the full deposit at any time (55.1-1226(I)-(J)).
What it costs to get this wrong
- If the landlord willfully fails to comply with the section, the court must order the deposit returned to the tenant together with actual damages and reasonable attorney fees.
- If the tenant owes rent, the court instead credits an amount equal to the deposit against the rent due (Va. Code 55.1-1226(E)).
- There is no double or triple damages multiplier in this section.
Holding the deposit
- The landlord must keep itemized records of all deposit deductions for each tenant for the preceding two years and let the tenant or the tenant's agent or attorney inspect them during normal business hours (Va. Code 55.1-1226(F)).
- When the landlord asks a tenant to vacate, or within five days after the tenant gives notice of intent to vacate, the landlord must tell the tenant in writing of the right to attend the move-out inspection.
- If the tenant asks in writing, the inspection must happen within 72 hours of the tenant returning possession (55.1-1226(G)).
- If no forwarding address is given, the landlord may hold the deposit and, one year after the 45-day period ends, send it to the State Treasurer as unclaimed property (55.1-1226(B)).
- Section 55.1-1226 does not require a separate bank account or payment of interest.
Common questions
How long does a Virginia landlord have to return a security deposit?
45 days, under Va. Code 55.1-1226 (Virginia Residential Landlord and Tenant Act). Within 45 days after the tenancy ends or the tenant moves out, whichever is later, the landlord must give the tenant a written notice itemizing the deposit and any deductions, together with any amount due to the tenant (Va. Code 55.1-1226(A)). When the clock starts and what goes back with the money is covered above.
Does Virginia cap the security deposit?
Yes, two months' rent. A landlord may not demand or receive a security deposit, however it is labeled, of more than two months' periodic rent (Va. Code 55.1-1226(A)). The Virginia Residential Landlord and Tenant Act applies to all single-family and multifamily dwelling units statewide, and localities cannot modify it (55.1-1201(A)-(B)). A landlord may allow a tenant to buy damage insurance instead of paying a deposit, and the tenant can switch to paying the full deposit at any time (55.1-1226(I)-(J)).
What happens if a Virginia landlord misses the deadline or withholds wrongly?
If the landlord willfully fails to comply with the section, the court must order the deposit returned to the tenant together with actual damages and reasonable attorney fees. The full rule is under "What it costs to get this wrong" above.
Does a Virginia security deposit have to be held a particular way?
The landlord must keep itemized records of all deposit deductions for each tenant for the preceding two years and let the tenant or the tenant's agent or attorney inspect them during normal business hours (Va. Code 55.1-1226(F)). The rest is under "Holding the deposit" above.
The deposit paperwork is the part that gets lost. PropManager keeps the deposit on the lease, the move-out itemization with the tenant's file, and the refund in the ledger, so the record exists before a dispute does.Sources
Va. Code 55.1-1226 (Virginia Residential Landlord and Tenant Act). Source: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1226/. Verified 2026-09-25.
General information, not legal advice. Check your own lease and any city or county ordinance before you rely on it.
Related
- Security deposit laws by state, side by side
- Free Virginia lease agreement, with the deposit terms written in