Virginia security deposit law

Last updated October 13, 2026

You moved out, cleaned up, handed back the keys, and the deposit still hasn't shown up. Or it did, minus a list of charges that don't add up. Here is what Virginia law says about that, in plain terms, with the statute so you can check it yourself.

Deadline: 45 days after the tenancy ends or you move out, whichever is later.
Deposit limit: Two months' rent.
If they don't comply: If the landlord willfully fails to comply, the court orders the deposit returned with actual damages and reasonable attorney's fees.
The law: Va. Code § 55.1-1226

When did you move out and hand back the keys? Pick a date to see the deadline.

When the landlord has to pay you back

45 days after the tenancy ends or you move out, whichever is later.

Give the landlord your new address in writing when you hand back the keys. Even where the law doesn't strictly require it, it removes the easiest excuse for a late refund.

If the landlord missed the deadline or kept too much

If the landlord willfully fails to comply, the court orders the deposit returned with actual damages and reasonable attorney's fees.

That is the part that tends to move a landlord. Plenty of them hold on to a deposit simply because nobody asks twice. A short letter that names the statute and the penalty changes the math for them: paying you now is usually cheaper than risking the penalty in small claims court.

What a landlord can usually deduct

Unpaid rent, and damage beyond normal wear and tear. Faded paint, light carpet wear and a few small nail holes after a long tenancy are the classic examples of wear and tear. A broken door or a large stain is damage. If the deductions are vague ("cleaning, $400") ask for the itemized list and receipts. Whether you're entitled to one, and how detailed it must be, depends on the statute above.

Deposit limits in Virginia

The deposit itself is capped in Virginia: two months' rent. If you paid more than that, the overpayment is part of what you can ask for.

How to ask for it back

Get your paperwork together. The lease, proof of what you paid, move-in and move-out photos, and any messages about the deposit.
Check the date. Count from the day the tenancy ended and you returned the keys. If the deadline hasn't passed, a polite reminder is enough for now.
Send a written demand. Name the amount, the statute and a short deadline to pay, usually 7 to 14 days. Email works, but a letter with tracking is harder to ignore.
File in small claims court if they don't pay. You don't need a lawyer there, and your demand letter becomes evidence that you tried to settle first.

A short demand letter for Virginia

Dear [landlord],

I moved out of [address] on [date] and returned the keys. My security deposit of $[amount] has not been returned, and I have not received an itemized list of deductions within 45 days the law allows.

Va. Code § 55.1-1226 sets out when a landlord in Virginia must return a deposit and what happens when they don't. I'd rather settle this directly than in court.

Please pay $[amount] to me at [forwarding address] within 10 days of this letter. If I don't receive it by then, I will file a claim in small claims court and ask for everything the statute allows.

Sincerely,
[your name]

The generator fills this in with your actual numbers and dates, adjusts the tone, and gives you a PDF or an email ready to send.

Write my Virginia demand letter →

Common questions

How long does a landlord have to return a security deposit in Virginia?

45 days after the tenancy ends or you move out, whichever is later.

How much can a landlord charge for a security deposit in Virginia?

Two months' rent.

What happens if a Virginia landlord doesn't return the deposit?

If the landlord willfully fails to comply, the court orders the deposit returned with actual damages and reasonable attorney's fees.