Virginia security deposit law: deadline, deductions and penalties
Quick answer
In Virginia, a landlord has 45 days to return the security deposit or send an itemized list of deductions (Va. Code § 55.1-1226). Under Virginia law, the tenant can recover the amount wrongfully withheld, and the court may award costs or attorney's fees.
Checked against the statute on October 29, 2026.
45
days for a Virginia landlord to return the deposit or itemize deductions
The deadline
Within 45 days after the later of the tenancy ending or the tenant vacating, the landlord must return the deposit or give a written, itemized notice of deductions.
What the landlord must send you
A written notice itemizing each deduction, with an itemized list of damages from the move-out inspection.
Penalty for wrongful withholding
For willful noncompliance, the court must order the deposit returned, together with actual damages and reasonable attorney's fees (Va. Code § 55.1-1226(E)).
Read the law
Summary checked against the statute on October 29, 2026. Not legal advice; laws change, so confirm with the source before relying on it.
Virginia security deposit FAQ
How long does a landlord have to return a security deposit in Virginia?
Within 45 days after the later of the tenancy ending or the tenant vacating, the landlord must return the deposit or give a written, itemized notice of deductions.
What must a Virginia landlord send when keeping part of the deposit?
A written notice itemizing each deduction, with an itemized list of damages from the move-out inspection.
What is the penalty for wrongfully keeping a security deposit in Virginia?
For willful noncompliance, the court must order the deposit returned, together with actual damages and reasonable attorney's fees (Va. Code § 55.1-1226(E)).
How do I get my security deposit back in Virginia?
Give your landlord a forwarding address in writing, wait for the 45 days deadline, then send a demand letter by certified mail that cites Va. Code § 55.1-1226 and sets a payment date. If the landlord still doesn't pay, you can file in small claims court in the county where the rental is located.
Related guides
- How to get your security deposit back from a landlord
- Security deposit demand letter: what to include and how to send it
- Normal wear and tear vs. damage: what a landlord can deduct
- Suing a landlord in small claims court for a security deposit
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