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Virginia Beach, VA Rental Property Rules: Security Deposit Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Authority
VA Code §55.1-1226
Deposit cap
Two months rent
Return deadline
45 days
Wear and tear
Not chargeable

Summary

Virginia Beach landlords must follow VA Code §55.1-1226, which caps security deposits at two months of rent and requires return within 45 days of move-out with an itemized statement of any deductions taken.

§ 55.1-1226 . Security deposits.

A. No landlord may demand or receive a security deposit, however denominated, in an amount or value in excess of two months' periodic rent. Upon termination of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last, such security deposit, whether it is property or money held by the landlord as security as provided in this section, may be applied by the landlord solely to (i) the payment of accrued rent, including the reasonable charges for late payment of rent specified in the rental agreement; (ii) the payment of the amount of damages that the landlord has suffered by reason of the tenant's noncompliance with § 55.1-1227 , less reasonable wear and tear; (iii) other damages or charges as provided in the rental agreement; or (iv) actual damages for breach of the rental agreement pursuant to § 55.1-1251 .

Source: Code of VirginiaView official code

Full Breakdown

The Virginia Residential Landlord and Tenant Act controls security deposits statewide; Virginia Beach cannot adopt a stricter local cap. Landlords may collect up to two months of rent as a deposit, must hold it in any account, and must return the unused portion within 45 days of lease termination along with itemized deductions. Tenants may dispute deductions in General District Court. Damage charges must reflect actual repair costs, not flat fees, and normal wear is not chargeable. Move-in inspection reports are critical evidence.

Violations & Fines

Late or undocumented deposit returns can expose landlords to actual damages, statutory damages, attorney fees, and potential bad-faith multipliers under VRLTA.

Frequently Asked Questions

Can my Virginia Beach landlord charge first, last, plus deposit?
Last month's rent plus a deposit cannot exceed two months of rent. The combined total above two months would violate VRLTA and is recoverable by tenants.
What if my deposit return is late?
Tenants can sue in General District Court for the deposit, statutory damages, and attorney fees. Late returns without a written explanation are particularly vulnerable.

Sources & Official References

Other rules in Virginia Beach

All Virginia Beach rules

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