How to Get Your Full Security Deposit Back in Virginia

Moving out of your rental in Virginia? Many renters worry about getting their full security deposit back. Fortunately, Virginia law provides specific protections and outlines clear steps to help you recover what you’re owed. Understanding your rights and responsibilities can help prevent costly mistakes and ensure a smooth process when your lease ends.

Understanding Security Deposits Under Virginia Law

In Virginia, landlords commonly require a security deposit, which serves as financial protection for property damage beyond normal wear and tear or unpaid rent. State rules governing these deposits appear in the Virginia Residential Landlord and Tenant Act (VRLTA)^[1]. The law limits a security deposit to the equivalent of two months’ rent.

What Tenants Should Do Before Moving Out

To increase your chances of getting back your full deposit, take the following steps:

• Give written notice: Most leases require 30 days’ notice before moving, but review your agreement for specifics.
• Clean the rental thoroughly, including appliances, carpets, and bathrooms.
• Repair any damage you or your guests caused, beyond reasonable wear and tear.
• Take clear, date-stamped photos of each room after cleaning and repairs.

Requesting a Move-Out Inspection (Tenant’s Right)

Virginia renters have the right to request an initial inspection (sometimes called a "walk-through") before moving out. This inspection must occur within two weeks before the lease ends. The landlord must inform you of the inspection date and let you attend.

• Action: Send a written request for the inspection to your landlord or property manager.
• At the inspection, ask your landlord to identify potential deductions so you can fix issues before leaving.

Timeline for Return and What Landlords Can Deduct

After you move out, landlords in Virginia must return your security deposit—or provide an itemized written statement of deductions—within 45 days. Permitted deductions include unpaid rent, late charges, utility payments, or damage exceeding normal wear and tear^[1]. They cannot deduct for regular upkeep (for example, faded paint or worn carpeting).

Official Forms and How to Use Them

While Virginia does not have a mandated form for requesting your security deposit, certain forms and notices will make your move-out process smoother:

• Move-Out Notice (Sample Form): Not required by the state, but you can use a written sample move-out notice from the Virginia Department of Housing and Community Development (DHCD).
  When and how to use: Provide this written notice to your landlord at least 30 days before ending your tenancy, unless your lease states otherwise.
• Security Deposit Itemized Statement: If you disagree with the landlord's deductions, you may respond in writing (no official state form exists for disputing deposit items—use a detailed letter with evidence).
  When and how to use: Send a letter to your landlord after reviewing the itemized statement, including photos and receipts if possible, to request a full or partial return.

Trouble Getting Your Deposit Back? Taking Further Action

If you don't receive your full deposit or an itemized statement within 45 days of moving out, you can:

• Contact your landlord in writing and request an explanation or the full amount owed
• File a complaint with the Virginia Department of Housing and Community Development (DHCD)
• Consider filing a lawsuit in Virginia General District Court if your landlord refuses to return your deposit^[2]

Relevant Tribunal or Board

Residential tenancy and deposit issues in Virginia are handled by the Virginia Department of Housing and Community Development (DHCD).

Frequently Asked Questions

1. How long does my landlord have to return my security deposit in Virginia?
   Virginia law requires landlords to return your deposit—or give you a written list of deductions—within 45 days of your move-out date.
2. What counts as normal wear and tear in Virginia rentals?
   Normal wear and tear refers to minor damage from everyday living, like faded paint or worn carpets, not significant neglect or damage.
3. Can my landlord keep my deposit for cleaning?
   Your landlord can only deduct cleaning costs if the unit is left dirtier than it was at move-in, beyond normal use.
4. What if I disagree with my landlord’s deductions?
   You may send a written dispute to your landlord with supporting evidence and, if unresolved, file a complaint or pursue a claim in court.

Key Takeaways for Virginia Renters

• Document the property’s condition and communicate in writing before moving out.
• Landlords have 45 days after move-out to return your deposit or provide an itemized statement.
• You have the right to dispute deductions with evidence and may take your claim to court if needed.

Need Help? Resources for Renters

• Virginia Department of Housing and Community Development (DHCD) Landlord-Tenant Resources – State information and complaint portal
• Virginia Attorney General: File a Consumer Complaint
• Virginia General District Court: Civil Claims & Small Claims
• For personalized guidance, see the Legal Aid Justice Center

---

1. Virginia Residential Landlord and Tenant Act (VRLTA): See full text
2. Virginia General District Court info: View court details

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations