Virginia security deposit law

• Send the itemized written notice and any refund within 45 days after the tenancy terminates or the tenant vacates, whichever is later (§ 55.1-1226(A)).
• If damage exceeds the deposit and needs a third-party contractor, the landlord must give notice within the 45 days. The landlord then has 15 more days to itemize the damage and repair costs (§ 55.1-1226(E)).

The refund goes to a forwarding address the tenant provides. With multiple tenants, one check payable to all goes to an address given by any one of them. Without a forwarding address the landlord may hold the deposit in escrow. After one year it may be remitted to the State Treasurer as unclaimed property (§ 55.1-1226(B)).

Required: Yes. The deposit and all deductions, damages, and charges must be itemized in a written notice (§ 55.1-1226(A)). After the move-out inspection, the landlord gives a written disposition statement with an itemized list of damages (§ 55.1-1226(G)).

Damage deductions are 'less reasonable wear and tear' (§ 55.1-1226(A)). The statute doesn't define the term.

A 'security deposit' is defined as a refundable deposit, including a pet deposit (§ 55.1-1200). Damage-insurance premiums a landlord requires are rent, not a deposit (§ 55.1-1206). The deposit statute doesn't otherwise address nonrefundable fees.

• Interest required: No. No interest requirement in the statute.
• Separate account required: No. No separate-account requirement. If the tenant gives no forwarding address, the landlord may hold the deposit in escrow (§ 55.1-1226(B)).
• Move-in inspection required: Yes. Within 5 days after occupancy, the landlord must give the tenant a written report of existing damage. The report is deemed correct unless the tenant objects in writing within 5 days (§ 55.1-1214).

If the landlord willfully fails to comply, the court orders return of the deposit plus actual damages and reasonable attorney fees. If the tenant owes rent, the deposit amount is credited against that rent instead (§ 55.1-1226(E)).

No presumption. The remedy turns on a 'willful' failure to comply (§ 55.1-1226(E)).

Small claims division of general district court: up to $5,000 (Va. Code § 16.1-122.2). Larger claims go to the general district court. Court information

Before filing, many tenants send a written demand first. Write a Virginia demand letter →

• The tenant has a right to be present at the move-out inspection. The landlord must give notice of this right, and the inspection must happen within 72 hours of delivery of possession (§ 55.1-1226(G)).
• Landlords must keep records of deposit deductions for the past two years and let tenants inspect them (§ 55.1-1226(F)).
• A landlord may accept qualifying damage insurance in place of a deposit. The tenant may switch to paying the full deposit at any time (§ 55.1-1226(I)–(J)).
• A new owner must return deposits owed to tenants even if the old owner didn't transfer them (§ 55.1-1226(E)).
• With prior written notice, the landlord may hold back a reasonable part of the deposit for the tenant's final third-party water, sewer or utility bill. After it's paid, the landlord must give written confirmation and refund any balance within 10 days (§ 55.1-1226(C)).

• Va. Code § 55.1-1226 Retrieved October 11, 2026.
• Va. Code § 55.1-1214 Retrieved October 11, 2026.
• Va. Code § 55.1-1200 Retrieved October 11, 2026.
• Va. Code § 55.1-1206 Retrieved October 11, 2026.
• Va. Code § 16.1-122.2 Retrieved October 11, 2026.
• Virginia Courts Self-Help: Small Claims Retrieved October 11, 2026.

Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.