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Virginia security deposit: 45 days to get it back

Within 45 days after the tenancy ends (or the tenant vacates, if later), the landlord must give the tenant a written itemized notice of any deductions, plus any amount owed. If damages exceed the deposit and need a third-party contractor, the landlord must notify the tenant within the 45 days, then has 15 more days to itemize.

What the law requires

Itemized statement: Deductions must be itemized in a written notice. Allowed: accrued rent, damage beyond reasonable wear and tear, other charges the lease allows, and actual damages for breach. The landlord must keep deduction records for two years and let the tenant inspect them, and the tenant may attend a move-out inspection (held within 72 hours of delivering possession).
Forwarding address: Not required to start the 45 days. With several tenants the refund is usually one check to all, sent to a forwarding address one tenant provides. If none is given, the landlord may hold the money in escrow and, a year after the 45-day period, may send it to the State Treasurer as unclaimed property.
If the landlord breaks the rules: Only if the landlord willfully violates the section: the court must order the deposit returned, plus actual damages and reasonable attorney fees (or, if the tenant owes rent, credit the deposit amount against it). The statute provides no double or triple damages.
Deposit cap: Two months' periodic rent. Deposits plus other payments required before move-in are also limited to two months' rent (§ 55.1-1208(A)(7), per the state DHCD handbook).
Small claims limit: $5,000 in General District Court, Small Claims Division
Statute: Va. Code § 55.1-1226 (Virginia Residential Landlord and Tenant Act)

Recent changes

No amendment to § 55.1-1226 found after 2023 (cc. 433, 434); the 2026 Code text's history ends there. The state's July 1, 2026 handbook lists related changes: landlords must accept deposits by check or money order (§ 55.1-1204(J)) and may not charge fees for repairs the tenant did not cause (§ 55.1-1208(C)). Exact effective dates not confirmed.

If your landlord misses the deadline

Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
Send a written demand by certified mail, keep the receipt, and cite Va. Code § 55.1-1226. Give a date to respond.
If you still aren't paid, file in General District Court, Small Claims Division. Deposit claims up to $5,000 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.

What a Virginia demand letter looks like

Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]

Dear [Landlord name]:

I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].

My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.

[A.] I have not received my deposit or an itemized statement of deductions. Under Va. Code § 55.1-1226, a landlord must return a tenant's security deposit, or send an itemized statement of any deductions, within 45 days after the tenant moves out. That deadline passed on [deadline date].

Preview of the first part of letter one. Yellow marks the parts you fill in.

Common questions

How long does a landlord in Virginia have to return a security deposit?

What happens if a Virginia landlord keeps the deposit wrongfully?

Only if the landlord willfully violates the section: the court must order the deposit returned, plus actual damages and reasonable attorney fees (or, if the tenant owes rent, credit the deposit amount against it). The statute provides no double or triple damages.

Do I have to give my Virginia landlord a forwarding address?

Not required to start the 45 days. With several tenants the refund is usually one check to all, sent to a forwarding address one tenant provides. If none is given, the landlord may hold the money in escrow and, a year after the 45-day period, may send it to the State Treasurer as unclaimed property.

Where do I sue for my deposit in Virginia?

Deposit claims up to $5,000 can be filed in General District Court, Small Claims Division. Check the court's website for current filing fees and forms.

Other states

Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.