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Security deposit · Virginia

45 days after tenancy ends or you vacate, whichever is last.

By housr editorsStatute text checked 2026-10-05Legal review pending
A named legal reviewer hasn't signed this page yet. We read and quoted the statute ourselves on 2026-10-05. Until review, this page isn't indexed by search engines. This is information, not legal advice. See legal review.
The short answerVa. Code §55.1-1226(A)
Deadline45 calendar days
Before it appliesAsk in writing to be at the move-out inspection
If kept in bad faithFor a willful failure, the court orders the deposit returned with actual damages and reasonable attorney fees (unless rent is owed)

The rule

In Virginia, the clock starts when: tenancy ends or you vacate, whichever is last. The landlord then has 45 calendar days. The statute says:

“…within 45 days after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last.”

If you ask in writing to be present, the move-out inspection must happen within 72 hours of delivery of possession.

For example, if you returned the keys on Oct 25, 2026, the date would be Dec 9, 2026. Use the Clock for your own dates.

What the landlord has to send

The deposit and every deduction itemized in a written notice; with co-tenants, one check payable to all of them sent to a forwarding address one of them gives.

How much a deposit can be

Two months' periodic rent.

“If the tenant desires to be present when the landlord makes the inspection, he shall, in writing, so advise the landlord, who in turn shall notify the tenant of the date and time of the inspection, which must be made within 72 hours of delivery of possession.”
Va. Code §55.1-1226(G)

Do this

Ask in writing to be at the move-out inspection

Virginia's landlord must tell you of this right within five days of your notice. Say in writing that you want to be present; the inspection then happens within 72 hours of handing back the keys. Va. Code §55.1-1226(G)

On move-out day

Give your forwarding address in writing and keep proof of sending. Photograph every room before you return the keys.

Deductions and wear and tear

Virginia's statute limits what can be kept to the purposes it lists. We haven't summarised its wear-and-tear language yet; read the section linked above.

For a charge to replace something old, Fair Charge works out a prorated estimate from the item's age and useful life, and says where the useful life comes from. See also the item guides for carpet, paint and cleaning.

If the deadline passes

For a willful failure, the court orders the deposit returned with actual damages and reasonable attorney fees (unless rent is owed).

“If the landlord willfully fails to comply with this section, the court shall order the return of the security deposit to the tenant, together with actual damages and reasonable attorney fees…”
Va. Code §55.1-1226(E)

The usual first step is a written demand that states the date the deposit was due and cites the statute. Our demand letter does that and carries any disputed deductions.

Your next steps

Sources

  1. Va. Code §55.1-1226(A) · checked 2026-10-05

Information, not legal advice. Statutes are quoted from official legislature sites; summaries are ours. Spotted an error? Tell us.