Under the Virginia Residential Landlord and Tenant Act, a landlord may not demand a security deposit exceeding two months' rent. After the tenancy ends, the landlord must return the deposit with a written, itemized statement of any deductions within 45 days. Tenants have the right to be present at the move-out inspection.
Va. Code § 55.1-1226(A) provides that "no landlord may demand or receive a security deposit, however denominated, in an amount or value in excess of two months' periodic rent." The deposit and any "deductions, damages, and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due, within 45 days after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last." The landlord must notify the tenant in writing of the tenant's right to be present at the final inspection, which must be made within 72 hours of the tenant delivering possession. Lawful deductions include unpaid rent and the cost of repairing damage beyond ordinary wear and tear.
Under Va. Code § 55.1-1226(E), if the landlord willfully fails to comply with the security deposit statute, the court shall order the return of the security deposit to the tenant, together with actual damages and reasonable attorney fees, unless the tenant owes rent or other charges to the landlord.
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