Pet deposit and pet fee law in Virginia: a two-month cap on anything called a deposit
Virginia Code 55.1-1226 says no landlord may demand or receive a security deposit, "however denominated," above two months' periodic rent. A pet deposit that secures the tenant's performance fits under that language. After the tenancy ends the landlord must itemize deductions, and the Code limits what they can cover: accrued rent, damage beyond reasonable wear and tear, other charges in the rental agreement, and actual damages for breach.
How does the Virginia cap treat a pet deposit?
Subsection A of 55.1-1226 bars any landlord from demanding or receiving a security deposit, however denominated, in an amount or value over two months' periodic rent. The key words are "however denominated": the label does not matter. If the money is held as security for the tenant's compliance with the rental agreement, it counts toward the two-month ceiling, so a base deposit and a pet deposit together stay within that figure.
The section I read does not mention pets by name, and it does not settle how to treat a monthly pet charge or a fee that is truly nonrefundable. Treat money that is returnable at move-out as a deposit, and be careful before you call anything a nonrefundable fee; ask a Virginia attorney or check your local court's practice before relying on a fee that sits outside the cap.
What may a Virginia landlord deduct, and by when?
When the tenancy ends or the tenant vacates, whichever is last, the deposit may be applied solely to four things: accrued rent, including reasonable late charges specified in the rental agreement; damages the landlord suffered because the tenant did not comply with section 55.1-1227, less reasonable wear and tear; other damages or charges as provided in the rental agreement; and actual damages for breach under section 55.1-1251. A pet-related stain, scratched floor or flea treatment fits in the damage category when it exceeds wear and tear.
The deposit and every deduction must be itemized in a written notice to the tenant, with any amount due, within 45 days after the termination date or the date the tenant vacates, whichever is later.
Example a made-up tenant vacates on Friday, December 4, 2026. The written itemization, with any balance, is due within 45 days, by Monday, January 18, 2027. A landlord with monthly rent of $1,500 can hold at most $3,000 as security however it is labeled, so a $1,500 base deposit plus a pet deposit of up to $1,500 uses the full allowance.
What about assistance animals?
Federal law is the source here. The regulation at 24 CFR 100.204 makes it unlawful to refuse reasonable accommodations in rules, policies and practices when needed for equal use of a dwelling. A no-pets policy cannot be used to turn away a person who needs an assistance animal, and a deposit demanded only because of the animal burdens the accommodation. Do not apply pet deposits or fees to an approved assistance animal. Damage the animal causes beyond reasonable wear is still handled through the ordinary accounting above, with the same photos and estimates you would use for any tenant.
- Count every deposit, whatever the label, toward the two-month cap.
- Put the damage standard in the rental agreement so it is a listed charge.
- Photograph at move-in; reasonable wear and tear comes off any deduction.
- Send the itemization within 45 days, and keep proof of mailing with the file.
Where does DoorKeeping fit?
DoorKeeping keeps the lease, the pet addendum, the move-in photos and the rent ledger together, so the purpose of each charge and the condition of the unit on the first day are on file when you itemize a deduction. You decide what to charge and what to keep. This is general information, not legal advice: check the current statute, and ask a local attorney if a charge is disputed.
Sources
Questions
- What is the Virginia security deposit cap?
- Two months' periodic rent, however the deposit is denominated (55.1-1226(A)).
- Does a Virginia pet deposit count toward the cap?
- A pet deposit held as security is a deposit however named, so it falls within the two-month limit.
- How long does a Virginia landlord have to itemize deductions?
- Within 45 days after the termination date or the date the tenant vacates, whichever is later.