Virginia Security Deposit Law at a Glance
Governing Statute
Va. Code §55.1-1226 — Security Deposits
Return Deadline
Your landlord must return your deposit or provide an itemized statement within 45 calendar days after termination of tenancy and tenant vacating.
Penalty for Non-Return
If your landlord fails to return your deposit or provide an itemized statement within 45 calendar days, you may be entitled to tenant may recover amount wrongfully withheld plus penalty and attorney fees under Va. Code §55.1-1226(E).
Key Facts
- Maximum deposit: 2 months rent
- Itemization required: Within 45 calendar days
- Small claims limit: $5,000
Additional Protections
- Deposit capped at 2 months rent
- Landlord must provide written itemized statement within 45 days
- Landlord may deduct only for actual damages beyond normal wear and tear
What Your Virginia Demand Letter Includes
Every letter is built from Virginia's actual statute — not a generic template.
Exact Statute Citation
Va. Code §55.1-1226 cited by section number. Your landlord sees you know the law.
Calculated Deadline
45 calendar days from your move-out date, computed automatically from your specific dates.
Penalty Warning
tenant may recover amount wrongfully withheld plus penalty and attorney fees — cited so your landlord knows the cost of non-compliance.
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Virginia Security Deposit FAQ
How long does my landlord have to return my security deposit in Virginia?
Under Va. Code §55.1-1226, your landlord has 45 calendar days after termination of tenancy and tenant vacating to return your security deposit or provide an itemized statement of deductions.
What happens if my Virginia landlord doesn't return my deposit on time?
If your landlord fails to return your deposit within the legal deadline, you may be entitled to tenant may recover amount wrongfully withheld plus penalty and attorney fees under Va. Code §55.1-1226(E). You can pursue this in small claims court.
What is the maximum security deposit a landlord can charge in Virginia?
Under Va. Code §55.1-1226(A), the maximum security deposit in Virginia is 2 months rent.
Does my Virginia landlord have to itemize deductions from my deposit?
Yes. Virginia law requires landlords to provide an itemized list of deductions within 45 calendar days of move-out.
Can I sue my landlord in small claims court in Virginia?
Yes. Virginia small claims court handles cases up to $5,000. Security deposit disputes are one of the most common small claims cases.
Do I need a lawyer to send a security deposit demand letter in Virginia?
No. A demand letter is a formal written request, not a lawsuit. You can send one yourself. Our tool generates a Virginia-specific demand letter citing Va. Code §55.1-1226 so your landlord knows you understand your rights.
Security Deposit Demand Letters by State
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