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Virginia security deposit laws for landlords: the 45 day window, the move-out inspection and a two year record

Virginia lets a landlord demand a security deposit of up to two months' periodic rent and gives 45 days after the tenancy ends, or after the tenant vacates if later, to send an itemized written notice with whatever is due to the tenant. The statute also adds a move-out inspection right, a 72 hour inspection window, a duty to keep deduction records for two years and a rule for utility bills. It is all in Virginia Code section 55.1-1226 of the Virginia Residential Landlord and Tenant Act.

What is the Virginia cap, and what can the deposit pay for?

Subsection A says a landlord may not demand or receive a security deposit, however denominated, above two months' periodic rent. After the tenancy ends, or the tenant vacates if that is later, the deposit may be applied solely to four things: accrued rent including the reasonable late charges stated in the lease; damages from the tenant's noncompliance with section 55.1-1227, less reasonable wear and tear; other damages or charges provided in the rental agreement; and actual damages for breach of the agreement under section 55.1-1251.

The word "solely" is the limit to remember. If a charge does not fit one of those four buckets, you cannot take it from the deposit. See normal wear and tear vs. damage for sorting turnover costs.

How does the 45 day clock work?

You must itemize the deposit and every deduction, damage and charge in a written notice to the tenant, with any amount due, within 45 days after the termination date of the tenancy or the date the tenant vacates, whichever occurs last. If the tenant leaves early or without proper notice, you still give the disposition notice within the 45 days but may keep any balance against the tenant's financial obligations under the lease and the chapter.

Example a made-up tenant paying $1,500 a month vacates on October 1 with a $2,500 deposit. The 45th day after is November 15. The landlord's notice lists $400 for repair of a door the tenant broke and $180 of unpaid late charges set out in the lease, $580 in all, and encloses $1,920. Mailing on November 14 is on time.

Subsection E gives extra time when the damage is big: if damages exceed the deposit and need a third-party contractor, give the tenant written notice of that within the 45 days, and you get an additional 15 days to provide the itemization and the repair cost. If you willfully fail to comply, the court orders the deposit returned together with actual damages and reasonable attorney fees, unless the tenant owes you rent, in which case an amount equal to the deposit is credited against the rent due.

What is the move-out inspection rule?

Under subsection G, when you ask the tenant to vacate, or within five days after you receive notice of the tenant's intent to vacate, you must give written notice of the tenant's right to be present at your inspection of the unit. If the tenant says in writing that they want to be there, you tell them the date and time, and the inspection must be made within 72 hours of delivery of possession. After the inspection you give a written disposition statement with an itemized list of damages. Damage found later is not lost to you, but the tenant may use the move-out report as evidence that it was not there at the inspection.

Can I hold back money for the tenant's final water bill?

Yes, if you gave notice first. Subsection C lets you withhold a reasonable portion for a balance due on a water, sewer or other utility account that is the tenant's obligation to a third-party provider. You must have told the tenant of the right in a termination notice, a written notice confirming the vacating date, or a separate written notice at least 15 days before the disposition. When the bill is paid, send written confirmation within 10 days along with the balance. If the tenant gives written proof that the final bill is paid, refund the deposit within the 45 days, or within 10 days of receiving the proof if it arrives later.

What records and deposits during the tenancy are covered?

Subsection E requires written notice, within 30 days of determining it, of any deduction made during the tenancy, itemized the same way, with no notice needed for deductions made less than 30 days before the end of the agreement. Subsection F requires you to keep itemized records of all deductions for the preceding two years and to let a tenant or the tenant's agent or attorney inspect them during normal business hours.

With several tenants on one lease, subsection B says disposition is one check payable to all of them, sent to a forwarding address provided by one of them, unless they agree otherwise in writing. If nobody provides an address you may keep holding the deposit in escrow, and one year after the end of the 45 days you may remit it to the State Treasurer as unclaimed property. Subsection H lets you hold a deposit from only one party when there is an assignee or sublessee, and subsections I and J allow damage insurance in place of a deposit if it meets the statute's criteria.

What if the property sells?

The holder of the landlord's interest when the tenancy ends, however acquired, is bound by the section and must return any deposit duly owed to the tenant, whether or not it was handed over with the property. So a buyer should get a deposit schedule at closing. See security deposits when an apartment building is sold.

How DoorKeeping handles it

In DoorKeeping the deposit for each tenant is recorded in that property's own books, so the amount to itemize against is already on one screen when the 45 day mark approaches. Signed leases and uploaded move-out reports are kept as documents for the property, and a refund payment waits for your one tap. DoorKeeping never holds the deposit and gives no legal advice.

Sources

  1. Code of Virginia section 55.1-1226, security deposits, read Oct 30, 2026

Questions

What is the maximum security deposit in Virginia?
Two months' periodic rent, however the deposit is named (Va. Code 55.1-1226(A)).
How many days does a Virginia landlord have to return a deposit?
45 days after the tenancy ends or the tenant vacates, whichever is later, with an itemized written notice. An extra 15 days applies to itemization when a third-party contractor is needed and notice is given in time.
Does Virginia require a landlord to pay interest on a deposit?
Section 55.1-1226 does not require interest. It does require itemized records of deductions for two years.
What if the tenant gives no forwarding address in Virginia?
The landlord may keep holding the deposit in escrow, and a year after the 45 day period may send it to the State Treasurer as unclaimed property.