Security deposit law · Virginia
Virginia security deposit return law
How long your landlord has, the statute to cite, the penalty for wrongful withholding — and a copy-paste demand letter tailored to Virginia. General information, not legal advice.
Verify before you rely on it. Landlord-tenant law changes and cities can add stricter rules. These figures are checked against the statute, but confirm Virginia’s current law (or ask local legal aid or a tenants’ union) before citing it. Not legal advice.
Your Virginia demand letter
Fill in every [bracketed] field, then send it by certified
mail with return receipt and keep a copy.
[Your full name] [Your new mailing address] [City, State ZIP] [Email] · [Phone] [Date] [Landlord or property manager name] [Landlord mailing address] Re: Return of security deposit — [former rental address, unit #] Dear [Landlord name], I was a tenant at [former rental address] under a lease that ended on [move-out date]. I returned possession and all keys on that date and left the unit clean and undamaged beyond normal wear and tear. My forwarding address is above. At move-in I paid a security deposit of $[deposit amount]. Under Virginia law, Va. Code § 55.1-1226, you must return the deposit and/or provide an itemized statement of any deductions within 45 days of move-out. That deadline has now passed. Please return my full deposit of $[deposit amount] within [7-10] days of this letter. Be aware that Virginia law provides a penalty for wrongful withholding: actual damages + attorney’s fees (confirm the bad-faith penalty in the statute). If you contend any deduction is proper, send a written, itemized statement with copies of receipts or estimates as the statute requires. I would prefer to resolve this directly, but I am prepared to file in small-claims court to recover the deposit and any penalty and costs the law allows. Sincerely, [Signature] [Your printed name]
What to do in Virginia
- Confirm the deadline has passed — count 45 days from your move-out date. Use the deposit calculator to get the exact date.
- Send the demand letter above, citing Va. Code § 55.1-1226. Attach your move-out photos and checklist.
- If the landlord still refuses, file in small-claims court — see the pre-suit demand and small-claims steps.
Questions
How long does a landlord have to return a security deposit in Virginia?
45 days, under Va. Code § 55.1-1226. Itemized written notice of deductions required. Always confirm the current statute for your situation.
What is the penalty if my Virginia landlord wrongfully keeps my deposit?
Actual damages + attorney’s fees (confirm the bad-faith penalty in the statute). To claim it, send a written demand citing Va. Code § 55.1-1226, then file in small-claims court if the landlord still refuses.
Can I get my deposit back myself in Virginia without a lawyer?
Yes. Most deposit disputes are resolved with a clear written demand letter citing the statute and deadline, and if needed a small-claims case — no lawyer required. Use the free letter on this page.