State Law Guide · Updated January 2026
Virginia Security Deposit Laws
Under Virginia Code § 55.1-1226, Virginia landlords must return security deposits within 45 days (30 if tenant requests in writing) of a tenant moving out. Landlords who wrongfully withhold deposits face penalties of up to Actual damages plus reasonable attorney fees.
Quick Answer
In Virginia, landlords have 45 days (30 if tenant requests in writing) to return your security deposit after you move out and provide a forwarding address. The maximum deposit is 2 months' rent. If your landlord wrongfully withholds your deposit, you can sue in Small Claims Court (up to $5,000) and may recover Actual damages plus reasonable attorney fees under Virginia Code § 55.1-1226. Landlords must provide an itemized statement of deductions.
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What Virginia Law Requires
Return Deadline
Landlords have exactly 45 days (30 if tenant requests in writing) to return your deposit after you move out. If they make deductions, they must provide an itemized statement explaining each charge with documentation.
Penalties for Violations
Landlords who wrongfully withhold deposits face Actual damages plus reasonable attorney fees. You can file in small claims court for amounts up to $5,000without needing an attorney.
Common Deductions Landlords Make
Federal guidelines from HUD and the IRS establish "useful life" standards that limit what landlords can charge. Many common deductions are partially or fully invalid under these guidelines.
Carpet Replacement
Typical: $600-1,8005-year useful life per HUD MAP Guide Appendix 5C. Charges may be reduced or invalid based on how long you lived there.
Interior Paint
Typical: $250-8003-year useful life per HUD Handbook 4350.1. Charges may be reduced or invalid based on how long you lived there.
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HUD/IRS Citations
Useful life depreciation built in
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Frequently Asked Questions
How long does a Virginia landlord have to return my deposit?
Default is 45 days. If you request in writing, it's 30 days. Always request in writing!
What is the deposit limit in Virginia?
Virginia caps deposits at 2 months' rent. This is strictly enforced.
Does my Virginia landlord have to pay interest?
Yes, if the deposit exceeds $50 and is held for 13 months or more. Rate is the Federal Reserve Bank of Richmond discount rate.
City-Specific Rules
Some Virginia cities have additional tenant protections:
- Northern Virginia: High rental costs. Additional resources through Fairfax County.
- Richmond: Active tenant advocacy organizations.
Official Resources
- Virginia Attorney General Consumer Protection(Government)
- Virginia Legal Aid Society(Legal Aid)
Compare Other States
See how Virginia's security deposit laws compare to nearby states:
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Based on Virginia Code § 55.1-1226 · HUD Handbook 4350.1 · IRS Publication 527