Virginia Security Deposit Limits & Return Timelines Explained

Rent, Fees & Security Deposits Virginia published: June 21, 2025 Flag of Virginia

As a renter in Virginia, understanding your rights around security deposits can save you from unexpected surprises at move-out. Virginia law sets clear rules about how much your landlord can charge for a security deposit, what happens to your money while you rent, and how quickly it must be returned when you move out. Here, we’ll break down these protections under Virginia law, what forms and timelines are involved, and offer resources if you need help recovering your deposit.

Virginia Security Deposit Limits

Virginia law limits the amount a landlord can require as a security deposit. As of 2024, the maximum allowed is the equivalent of two months’ rent.[1] This means, for example, if your monthly rent is $1,000, your security deposit cannot be greater than $2,000.

  • Landlords may not legally collect more than this maximum.
  • Deposits can be used for unpaid rent, damages beyond normal wear and tear, and other valid lease breaches.
  • Virginia law also allows landlords to collect pet deposits, but the combined total still cannot exceed the two months’ rent limit.

Security Deposit Return Deadlines

When your lease ends and you move out, the timeline for getting your deposit back is strictly regulated. Landlords in Virginia have 45 days from the date you move out to return your security deposit or provide a written list of any deductions.[2]

  • You are entitled to an itemized statement if any money is kept for repairs or unpaid rent.
  • If the deduction amount is unknown at move-out (such as a delayed utility bill), the landlord must make reasonable efforts to notify you about the status.
  • The refund and statement should be sent to your forwarding address. Make sure you provide this in writing before or right after you move out.
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Official Forms Used in Virginia Security Deposit Process

Move-Out Inspection Form

  • Name: "Move-Out/Final Inspection Statement" (no standard statewide form number)
  • When it's used: You and your landlord can conduct a joint inspection as you move out. The landlord must notify you of your right to be present at this move-out inspection. This statement should document any damages or cleaning needs claimed for deductions.
  • Where to find it: Your landlord typically provides this, but you can view sample checklists in the Virginia Department of Housing and Community Development Sample Inspection Report.

Request for Return of Security Deposit

  • Name: No official statewide form required, but you may write a letter requesting your deposit return.
  • When to use: If you do not receive your deposit or an itemized deduction statement within 45 days, write to your landlord to formally request it. This can help document your case if you need to escalate to court.
  • Where to find sample letters: The Virginia Department of Housing and Community Development Landlord-Tenant Resources has templates and guidance.

Common Reasons for Security Deposit Deductions

Virginia landlords may deduct for certain costs, but only for:

  • Nonpayment of rent or late fees
  • Damage beyond normal wear and tear
  • Unpaid utility bills owed by you
  • Other damages or costs permitted by lease or law

Deductions must be itemized, and you have the right to dispute anything you believe is improper.

If you disagree with the itemized deductions or didn’t receive your deposit in time, you can file a claim in your local General District Court. Always keep copies of correspondence and move-in/move-out inspection reports.

How to Dispute Improper Deductions or Recover Your Deposit

If your deposit is not returned within 45 days, or you believe too much was withheld, you may file a case in Virginia General District Court. This court handles small claims, including security deposit disputes.[3] You are not required to have a lawyer to file such claims. The process is designed to be accessible for renters.

Relevant Legislation in Virginia

Security deposit rules for residential landlords and tenants are contained in the Virginia Residential Landlord and Tenant Act (specifically, see Va. Code § 55.1-1226 for deposits).[1]

FAQs About Security Deposits in Virginia

  1. How much security deposit can my landlord require in Virginia?
    By law, landlords may not charge more than two months’ rent as a security deposit, including any pet deposit.
  2. How long does my landlord have to return my deposit after I move out?
    Landlords have 45 days to return your deposit or provide an itemized list of deductions after you vacate.
  3. What do I do if my landlord does not return my deposit on time?
    You may send a formal written request for your deposit. If it’s still not returned, you can file a claim in your local General District Court.
  4. Can my landlord keep part of my deposit for normal wear and tear?
    No. Landlords can only deduct for damages beyond ordinary wear and tear, unpaid rent, or other lawful costs.
  5. Where can I find a sample move-out inspection form?
    Sample inspection forms are available from the Virginia Department of Housing and Community Development.

Summary of Key Takeaways:

  • Security deposits in Virginia cannot exceed two months’ rent and must be returned in 45 days.
  • Itemized statements are required for any deduction.
  • If you do not receive your deposit, you may take action in General District Court.

Need Help? Resources for Renters in Virginia

  1. See Virginia Code § 55.1-1226 – Security Deposits.
  2. See Official return deadlines and requirements in the Virginia Residential Landlord and Tenant Act.
  3. See Virginia General District Court information.

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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