Virginia Security Deposit Law: Deadlines & Penalties
Virginia landlords must return the security deposit, along with a written notice itemizing any deductions, within 45 days after the tenancy ends or the tenant moves out, whichever happens last. Deductions are limited to unpaid rent and reasonable late charges, damage beyond reasonable wear and tear, other charges allowed by the lease, and actual damages for breaking the lease.
When several tenants share a lease, the refund is usually made with one check payable to all of them and sent to a forwarding address one tenant provides. A landlord may hold back a reasonable amount for a final water, sewer or other utility bill only after giving the tenant proper written notice. Deposits are capped at two months' rent.
If a landlord willfully fails to follow the deposit statute, the court must order the deposit returned, together with actual damages and reasonable legal fees, though any rent the tenant owes is credited first. Virginia's small claims division handles claims up to $5,000, and larger deposit claims can go to the regular general district court docket.
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Virginia: common questions
How long does a Virginia landlord have to return a deposit?
45 days after the tenancy ends or you vacate, whichever is later. The landlord must send any balance owed along with a written notice itemizing each deduction. Shared leases are usually refunded with one check to all tenants.
Can my Virginia landlord keep part of my deposit for utility bills?
Only in limited cases. The landlord may hold a reasonable amount for a final water, sewer or other utility bill you owe a third-party provider, but only after giving you written notice. Once the bill is paid, the landlord must send confirmation and any balance within 10 days.
What can I recover if my Virginia landlord willfully keeps my deposit?
The court must order the deposit returned, along with actual damages and reasonable legal fees. If you owe rent, an amount equal to the deposit is credited against the rent instead.
Can I sue for my deposit in Virginia small claims court?
Yes. The small claims division of the general district court hears claims of up to $5,000, not counting interest. Larger claims can be filed on the regular general district court docket.
Compare nearby states
| State | Return deadline | Itemized list | Small claims limit |
|---|---|---|---|
| Virginia | 45 days | Required | $5,000 (small claims division of general district court) |
| District of Columbia | 45 days | Required | $10,000 |
| Kentucky | See statute | Required | $2,500 |
| Maryland | 45 days | Required | $5,000 |
| North Carolina | 30 days | Required | $10,000 |
| Tennessee | See statute | Required | $25,000 (general sessions court) |
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