DisputeKit / Virginia
How long does a Virginia landlord have to return a security deposit?
45 days. Under Code of Virginia § 55.1-1226, a landlord must give the tenant a written notice itemizing the security deposit and any deductions, together with any amount due to the tenant within 45 days. The clock starts when you move out and hand back possession of the unit. A court may also award return of the security deposit, together with actual damages and reasonable attorney fees, if the landlord willfully failed to comply with the security deposit law.
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- The 45 days run from the end of the tenancy or the date the tenant vacates, whichever is later.
- If damage exceeds the deposit and needs a third-party contractor, the landlord may give written notice of that within the 45 days and then has an extra 15 days to provide the itemization.
What Virginia law says about deductions and your rights
- A landlord may not demand a deposit of more than two months' rent.
- Deductions are limited to accrued rent and reasonable late charges, damage from the tenant's breach of tenant duties less reasonable wear and tear, other charges provided in the lease, and actual damages for breach of the lease.
- The tenant has the right to be present at the move-out inspection, which must be within 72 hours of delivering possession, if the tenant asks in writing.
- The tenant may inspect the landlord's records of deductions during normal business hours.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Virginia is $5,000 in the small claims division of the general district court (larger claims go to the general district court itself), and the filing fee is Varies by court; filing plus sheriff's service fees can be estimated with the General District Court fee calculator or by asking the clerk.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 45 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Virginia?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Virginia law allows a court to award return of the security deposit, together with actual damages and reasonable attorney fees, if the landlord willfully failed to comply with the security deposit law. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Virginia is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.