Fairfax County landlords follow Virginia state law on security deposits. Deposits cannot exceed two months rent and must be returned within 45 days of move-out with an itemized statement under Virginia Code Section 55.1-1226.
Under Virginia Code Section 55.1-1226, a landlord cannot demand a security deposit greater than two months periodic rent. Within 45 days after the lease ends and the tenant vacates, the landlord must return the deposit or provide an itemized written statement of deductions. Permitted deductions include unpaid rent, damages beyond ordinary wear and tear, and other charges allowed by the lease. Tenants may recover wrongfully withheld deposits in Fairfax County General District Court along with statutory damages.
Wrongful retention of a security deposit can entitle a tenant to recover the full deposit plus statutory damages and reasonable attorney fees under Virginia Code Section 55.1-1251 in Fairfax County General District Court.
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