Virginia Security Deposit Law: Limits, Deadlines, and Penalties
What Virginia landlords can charge, when deposits must be returned, and what it costs to get it wrong. Last reviewed 2026-08-12.
How much can a landlord charge in Virginia?
Under the Virginia Residential Landlord and Tenant Act, no landlord may demand or receive a security deposit exceeding two months' periodic rent. All deposits count toward the cap, including pet deposits. Since July 1, 2024, the total deposit must also be itemized starting on the first page of the written lease.
Pet deposits are legal but count toward the two-months'-rent cap on total security deposits.
When must the deposit be returned?
The landlord must return the deposit with an itemized written notice within 45 days after the termination date of the tenancy or the date the tenant vacates, whichever occurs last. If withholding for unpaid utilities, the landlord must refund the remaining balance within 10 days of confirming the bills were paid.
Deductions must be itemized in a written notice given with any amount due within 45 days. Deductions made during the tenancy must be reported to the tenant in an itemized written notice within 30 days of the date the deduction was determined, except for deductions made within the final 30 days.
What happens if a landlord misses the deadline?
If the landlord willfully fails to comply, a court may order return of the deposit plus actual damages and reasonable attorney fees, unless the tenant owes rent, in which case the deposit is credited against the rent owed.
Interest and holding requirements
Virginia repealed its deposit interest requirement effective January 1, 2015; landlords no longer owe interest on security deposits.
No statutory requirement for a separate or escrow account. Virginia does allow tenants to purchase approved damage insurance in lieu of a cash deposit if coverage equals the deposit amount and stays in effect for the lease term.
Recent changes to the law
Effective July 1, 2024, Va. Code § 55.1-1204.1 requires the written rental agreement to itemize, beginning on its first page, all charges comprising the security deposit, periodic rent, and pre-commencement one-time charges, with a statutory statement that no additional deposits or rent may be charged unless listed or added by addendum. Section 55.1-1226's core deposit rules (2-month cap, 45-day return) were unchanged in 2024-2026.
What Virginia landlords get wrong
Virginia gives landlords a comparatively generous 45 days, but the two-month cap is a hard ceiling that includes pet deposits, and since July 2024 the lease's first page must itemize the deposit, rent, and one-time charges with the statutory no-additional-charges statement above the list. Deduct during the tenancy and you owe the tenant an itemized notice within 30 days, not just at move-out. If no forwarding address surfaces within a year after the 45-day window, unclaimed deposit funds go to the State Treasurer as unclaimed property. Willful noncompliance costs you the deposit plus actual damages and the tenant's attorney fees.
The law itself
Frequently asked questions
How long does a landlord have to return a security deposit in Virginia?
45 days after the tenancy terminates or you vacate, whichever happens later. The landlord must include an itemized written notice of the deposit's disposition listing all deductions, damages, and charges. If part of the deposit is held for unpaid water, sewer, or utility bills, the landlord must refund the remaining balance within 10 days of confirming those bills were paid.
How much can a landlord charge for a security deposit in Virginia?
No more than two months' periodic rent, total. That cap covers everything labeled a deposit, including pet deposits — a landlord cannot stack a pet deposit on top of a two-month security deposit. Since July 2024 the full deposit amount must be itemized starting on the first page of your written lease, so check that figure before signing.
Does a Virginia landlord have to pay interest on a security deposit?
No. Virginia repealed its security deposit interest requirement effective January 1, 2015, so landlords owe no interest on deposits for current tenancies regardless of how long they hold the money or how large the deposit is. Nothing prevents a lease from voluntarily promising interest, but the statute does not require it.
What can a landlord deduct from a security deposit in Virginia?
Unpaid rent and late charges, damages beyond normal wear and tear, other charges listed in the rental agreement, actual damages for breach of the lease, and unpaid utility bills after prior written notice. Deductions made during your tenancy must be itemized to you in writing within 30 days of being determined. Willful violations let a court award the deposit, actual damages, and attorney fees.
Keep reading
Deposit deadlines are easy to miss — until they cost you triple.
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Start Free TrialThis page is general information, not legal advice. Statutes change — verify against the official text linked above or consult a local attorney before acting.