How much a landlord can charge, and which deductions are actually legal
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:
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.
| Claimed deduction | Permitted in Virginia |
|---|---|
| Accrued rent, including reasonable late-payment charges | Permitted, if substantiated |
| Damages from the tenant's noncompliance with § 55.1-1227, less reasonable wear and tear | Permitted, if substantiated |
| Other damages or charges provided in the rental agreement | Permitted, if substantiated |
| Actual damages for breach of the rental agreement | Permitted, if substantiated |
| Claimed deduction | Permitted in Virginia |
|---|---|
| Reasonable wear and tear | Not permitted |
| Any deduction not itemized in a written notice within 45 days | Not permitted |
| Any deduction taken without the required written notice | Not 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.
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) ↗
No statutory penalty beyond returning the deposit.
Virginia has no fixed multiple penalty. If the landlord willfully fails to comply, the court shall order return of the security deposit, together with actual damages and reasonable attorney fees (unless the tenant owes rent, in which case the deposit is credited against the rent). The remedy is return + actual damages + attorney fees, not a statutory multiple.
Va. Code § 55.1-1226(E) ↗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) ↗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) ↗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) ↗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 ↗““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)
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.
| Source | What it says |
|---|---|
| Some multi-state checklists | 2x 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.
| Source | What it says |
|---|---|
| Some summaries | 30 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.
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.
| Statute | Last verified | Source |
|---|---|---|
| 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.
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.
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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.
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.
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.
No. Reasonable wear and tear