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Virginia deposit law

Virginia Security Deposit Return Deadline

45 days
How long your Virginia landlord has to return your deposit
Penalty for missing it
actual damages + attorney's fees (no multiplier) (No statutory multiplier — the tenant recovers actual damages plus reasonable attorney's fees for willful noncompliance (§55.1-1226))
The law
Va. Code §55.1-1226

The rule

45 days after termination of tenancy AND the tenant's provision of a forwarding address. Landlord must provide an itemized list of deductions (§55.1-1226(A)).

Watch out in Virginia:
  • Long 45-day deadline — one of the longest in the US.
  • Deposit cap: 2 months' rent.
  • Forwarding address starts the clock — provide it in writing at move-out.

What happens if your landlord misses the deadline

In Virginia, a missed deadline seriously weakens your landlord's position. Depending on the circumstances, they may forfeit the right to deduct anything at all, owe you the penalty above, or both. The exact consequence depends on Va. Code §55.1-1226 and whether they provided the required itemized statement. Don't assume the money is gone — a missed deadline is often the strongest fact pattern for getting it back.

Your next steps in Virginia

  1. Confirm the clock ran. Make sure you provided a forwarding address in writing — in Virginia this step starts the clock, so it matters more than usual, and that the full deadline has passed.
  2. Send a demand letter citing Va. Code §55.1-1226 and the actual damages + attorney's fees (no multiplier) penalty. Most landlords pay at this stage.
  3. If they ignore it, file in small claims. See our walkthrough for the process.
Get the letter written for you. The $19 Deposit Recovery Kit generates a Virginia demand letter citing Va. Code §55.1-1226, with your dates and deposit amount filled in — plus a small-claims walkthrough.

Virginia deposit questions

How long does my Virginia landlord have to return my deposit?

45 days after termination of tenancy AND the tenant's provision of a forwarding address. Landlord must provide an itemized list of deductions (§55.1-1226(A)).

What if my landlord never sends an itemized list of deductions?

In most states — including Virginia — failing to provide the required itemized statement within the deadline forfeits the landlord's right to withhold anything. Check Va. Code §55.1-1226 for the exact rule.

Can I get more than my deposit back in Virginia?

Virginia law allows actual damages + attorney's fees (no multiplier) for No statutory multiplier — the tenant recovers actual damages plus reasonable attorney's fees for willful noncompliance (§55.1-1226). See our penalties guide for how judges apply this.

Verified 2026-10-09 against statute text.

Not legal advice. Figures based on Va. Code §55.1-1226 as of October 2026. Laws change; verify current text before acting. For advice about your situation, consult a tenant-rights attorney or local legal aid.