Virginia Statewide Rule
Virginia Security Deposit Law (Va. Code § 55.1-1226)
Key Facts
- Deposit cap
- 2 months' periodic rent
- Return deadline
- 45 days after tenancy ends or tenant vacates, whichever is later
- Itemized statement
- Required: written itemization of deductions within 45 days
- Statute
- Va. Code § 55.1-1226
- Penalty
- Return of deposit + actual damages + reasonable attorney fees for willful violation
Summary
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.
§ 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 . The security 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 to the tenant, within 45 days after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last. As of the date of the termination of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last, the tenant shall be required to deliver possession of the dwelling unit to the landlord.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
How much can a landlord charge for a security deposit in Virginia?
How long does a landlord have to return a security deposit in Virginia?
What can a landlord deduct from a security deposit in Virginia?
Sources
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