Virginia Security Deposit Rules: Caps, Lawful Deductions & Penalties (2026)

How much a landlord can charge, and which deductions are actually legal

At a glance

Who this covers — and who it does not

This page covers how much a landlord may charge in Virginia, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.

It does not cover:

How much the landlord may charge in the first place

Two months' periodic rent (Va. Code § 55.1-1226(A)). No landlord may demand or receive a security deposit in an amount or value in excess of two months' rent.

Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.

Which deductions the statute permits

Claimed deductionPermitted in Virginia
Accrued rent, including reasonable late-payment chargesPermitted, if substantiated
Damages from the tenant's noncompliance with § 55.1-1227, less reasonable wear and tearPermitted, if substantiated
Other damages or charges provided in the rental agreementPermitted, if substantiated
Actual damages for breach of the rental agreementPermitted, if substantiated

Which deductions the statute does not permit

Claimed deductionPermitted in Virginia
Reasonable wear and tearNot permitted
Any deduction not itemized in a written notice within 45 daysNot permitted
Any deduction taken without the required written noticeNot permitted

Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.

Who has to prove what

The landlord must itemize deductions in a written notice within 45 days. On willful failure to comply, the court orders return of the deposit plus actual damages and reasonable attorney fees.

In Virginia the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. Va. Code § 55.1-1226(A), (E) ↗

What you can claim if deductions are unlawful

Tools that exist in Virginia

45 days to itemize and return

Virginia gives the landlord 45 days after termination or vacate (whichever is later) to itemize deductions and return the balance — longer than many states' 14/21/30-day windows.

Va. Code § 55.1-1226(A) ↗

No multiple penalty — return + actual damages + fees

Unlike California or Texas, Virginia has no statutory multiple penalty. On willful noncompliance, the remedy is return of the deposit plus actual damages and reasonable attorney fees.

Va. Code § 55.1-1226(E) ↗

Right to be present at the inspection

The landlord must notify you in writing of your right to be present at the move-out inspection, which must occur within 72 hours of delivery of possession if you request it.

Va. Code § 55.1-1226(G) ↗

Statute of limitations: 5 years on a written contract

A deposit claim under a written lease is subject to a 5-year limitations period under Va. Code § 8.01-246(2).

Va. Code § 8.01-246 ↗

Common landlord defences and how to answer them

““I kept the deposit for damages.””

Virginia requires a written notice itemizing deductions and any amount due within 45 days of termination or vacate. Provide the itemization, or return my deposit.

Va. Code § 55.1-1226(A)

““You never asked to be at the inspection.””

You were required to notify me in writing of my right to be present at the move-out inspection, and the inspection must occur within 72 hours of my request.

Va. Code § 55.1-1226(G)

““The deposit covered normal wear.””

The deposit may be applied only to damages less reasonable wear and tear. Ordinary wear and tear is not chargeable.

Va. Code § 55.1-1226(A)(ii)

Where sources disagree

Some widely circulated summaries of Virginia deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.

Penalty (multiple vs none)

SourceWhat it says
Some multi-state checklists2x the deposit
Va. Code § 55.1-1226(E)Return + actual damages + attorney fees (no multiple)

What we follow: No multiple penalty

The statute provides for return of the deposit plus actual damages and attorney fees, with no statutory multiplier. Reporting a "2x" or "3x" penalty would overstate Virginia's remedy.

Return deadline (30 vs 45 days)

SourceWhat it says
Some summaries30 days
Va. Code § 55.1-1226(A)45 days

What we follow: 45 days

The statute plainly states 45 days after termination or vacate, whichever occurs last.

Sources and how to verify them

Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.

StatuteLast verifiedSource
Va. Code § 55.1-1226(A) 2026-10-15 official text ↗
Va. Code § 55.1-1226(E) 2026-10-15 official text ↗
Va. Code § 55.1-1226(A), (E) 2026-10-15 official text ↗
Va. Code § 55.1-1226(G) 2026-10-15 official text ↗
Va. Code § 8.01-246 2026-10-15 official text ↗

Primary reference: Va. Code § 55.1-1226. Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.

When you need a lawyer instead of a tool

A self-help letter is the right starting point for a single deposit you can document. Get legal help if:

Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.

More Virginia guides

Virginia Security Deposit Return

→ All Virginia tenant rights topics

Common questions

What can a landlord not deduct from my Virginia deposit?

The statute does not permit deductions for: reasonable wear and tear; any deduction not itemized in a written notice within 45 days; any deduction taken without the required written notice.

Who has to prove that a deduction was justified in Virginia?

The landlord. The landlord must itemize deductions in a written notice within 45 days. On willful failure to comply, the court orders return of the deposit plus actual damages and reasonable attorney fees.

How much can a landlord charge as a deposit in Virginia?

Two months' periodic rent (Va. Code § 55.1-1226(A)). No landlord may demand or receive a security deposit in an amount or value in excess of two months' rent.

Is ordinary wear and tear deductible from my Virginia deposit?

No. Reasonable wear and tear