What are the security deposit rules in Virginia?

Verified October 1, 2026 All Virginia topics →

Virginia caps security deposits at two months' periodic rent — and the cap is really a combined ceiling, because the deposit plus any damage-insurance and renter's-insurance premiums demanded up front may not together exceed two months' rent, and pet deposits count inside it by definition.

Cited to Va. Code § 55.1-1226 (A), (B), (E), (G), (I) and 2 more cited sources · Verified October 1, 2026

Within 45 days after the tenancy ends or the tenant vacates, whichever is later, the landlord must deliver a written itemization of every deduction along with any refund; deductions discovered mid-tenancy need their own written notice within 30 days, unless they are made in the last 30 days of the rental agreement. No interest is owed — Virginia repealed its old interest rule years ago, though outdated guides still cite it — and the landlord need not keep a separate account, though a real estate licensee who receives the deposit must place it in escrow unless the parties agree otherwise in writing. Tenants get written notice of the right to attend a move-out inspection held within 72 hours of turnover, may substitute damage insurance for a cash deposit where the landlord permits it, and a tenant who forgets to leave a forwarding address doesn't forfeit anything — the money eventually goes to the State Treasurer as unclaimed property. The penalty side is unusually mild: willful noncompliance costs the landlord the deposit (or, where the tenant owes rent, a credit of that amount against the rent) plus actual damages and attorney fees, with no doubling or trebling.

Virginia security deposits at a glance

Maximum deposit

2 months' rent — The limit is effectively combined: the deposit plus any damage-insurance and renter's-insurance premiums demanded before the tenancy begins may not exceed it. Pet deposits count inside it as well.

§ 55.1-1226(A): no landlord may demand or receive a security deposit, however denominated, exceeding two months' periodic rent. The combined ceiling comes from §§ 55.1-1206 and 55.1-1208, under which the total of the security deposit plus damage-insurance premiums plus renter's-insurance premiums demanded before commencement may not exceed two months' rent. Pet deposits count because § 55.1-1200 defines 'security deposit' to include them. A landlord may permit a tenant to provide damage insurance in lieu of a deposit (§ 55.1-1226(I)), and a tenant who opts out of the landlord's damage-insurance program must be allowed to substitute their own policy or pay the full deposit (§ 55.1-1206).

Return deadline 45 days
Deadline conditions

The clock runs from the termination date of the tenancy or the date the tenant vacates, WHICHEVER OCCURS LAST, and the landlord must deliver an itemized written notice of all deductions, damages, and charges together with any amount due to the tenant (§ 55.1-1226(A)).

Deductions determined during the tenancy must be noticed in writing within 30 days of the determination, except deductions made less than 30 days before the rental agreement terminates, which need no separate notice (§ 55.1-1226(E)).

Itemization required Yes
Itemization rules Written itemization of the deposit and all deductions, damages, and charges within the 45-day window; deductions arising during the tenancy require interim written notice within 30 days of determination, except those made less than 30 days before the rental agreement terminates (§ 55.1-1226(E)). The deposit may be applied ONLY to accrued rent (including the reasonable late charges the rental agreement specifies), damages from the tenant's noncompliance less reasonable wear and tear, other damages or charges provided in the rental agreement, and actual damages for breach of the rental agreement (§ 55.1-1226(A)). After prior written notice, the landlord may also withhold a reasonable portion to cover the tenant's unpaid water, sewer or other utility balance owed to a third-party provider (§ 55.1-1226(C)). Move-out inspection rights: upon requesting the tenant vacate, or within 5 days of receiving the tenant's intent-to-vacate notice, the landlord must give written notice of the tenant's right to be present at the inspection, which must occur within 72 hours of delivery of possession, followed by a written disposition statement (§ 55.1-1226(G)).
Separate account required No
Interest owed to tenant No
Account & interest rules

Section 55.1-1226 contains no interest rule and does not require the landlord to keep a separate account; its only escrow language lets a landlord who has received no forwarding address continue to hold the deposit in escrow (subsection B). A real estate licensee who receives a security deposit for a landlord must place it in an escrow account by the end of the fifth business banking day after receipt, unless the parties agree otherwise in writing (§ 54.1-2108.1, subsection B).

Virginia REPEALED its deposit-interest requirement in two steps: the accrual duty ended July 1, 2014, and the rate schedule was repealed January 1, 2015 — the operative no-interest rule lives in an uncodified clause of the 2014 repealing act (2014 Acts c. 651, enactment clause 4), not in any Code section. Older sources still describing interest owed on deposits held over 13 months are stale.

Pet deposits A pet deposit counts inside the general deposit cap and has no figure of its own. The pet-deposit rule, pet rent and fees, and the assistance-animal rules are on the pets and assistance animals page.
Non-refundable fees allowed Yes
Penalty for violation If the landlord WILLFULLY fails to comply, the court orders return of the security deposit plus actual damages and reasonable attorney fees; if the tenant owes rent, the court instead orders an amount equal to the deposit credited against the rent due (§ 55.1-1226(E)). There is no statutory multiplier, so the award is not doubled or trebled.
Tenant forwarding-address duty Failure to provide a forwarding address does NOT forfeit the deposit — it just strands it: one year after the 45-day period expires, the landlord may remit the sum to the State Treasurer as unclaimed property (§ 55.1-1226(B)).

Cite this page: "Landlord Atlas, Virginia Security Deposit Laws (verified October 1, 2026), landlordatlas.com/laws/security-deposits/virginia/" — free to cite and quote with a link (how these records are verified). Everything above is cited in the citations section below.

Notes and caveats

Common questions: Virginia security deposits

Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.

How much can a landlord charge for a security deposit in Virginia?
2 months' rent — The limit is effectively combined: the deposit plus any damage-insurance and renter's-insurance premiums demanded before the tenancy begins may not exceed it. Pet deposits count inside it as well.
How long does a landlord have to return a security deposit in Virginia?
45 days. The clock runs from the termination date of the tenancy or the date the tenant vacates, WHICHEVER OCCURS LAST, and the landlord must deliver an itemized written notice of all deductions, damages, and charges together with any amount due to the tenant (§ 55.1-1226(A)).
What happens if a landlord does not return the deposit on time in Virginia?
If the landlord WILLFULLY fails to comply, the court orders return of the security deposit plus actual damages and reasonable attorney fees; if the tenant owes rent, the court instead orders an amount equal to the deposit credited against the rent due (§ 55.1-1226(E)). There is no statutory multiplier, so the award is not doubled or trebled.
Do landlords have to pay interest on security deposits in Virginia?
No — Virginia does not require interest on the security deposit to be paid to the tenant. Section 55.1-1226 contains no interest rule and does not require the landlord to keep a separate account; its only escrow language lets a landlord who has received no forwarding address continue to hold the deposit in escrow (subsection B). A real estate licensee who receives a security deposit for a landlord must place it in an escrow account by the end of the fifth business banking day after receipt, unless the parties agree otherwise in writing (§ 54.1-2108.1, subsection B).
Can a landlord charge a non-refundable fee in Virginia?
Yes — non-refundable fees are allowed in Virginia.

Citations

How this record was verified: Direct read of statute text on the official Virginia Code site (law.lis.virginia.gov): §§ 55.1-1226, 55.1-1204 (both the current version and the 'Effective July 1, 2027' version), 55.1-1253, and 55.1-1229 each read in full twice (independent reads matched verbatim); §§ 55.1-1200 (definitions), 55.1-1201 (applicability/supersession), 55.1-1203, 55.1-1206, 55.1-1208, and 55.1-1210 read in full once. 2026 session laws (cc. 722/723, 1050, 1066, and the HB 15/SB 48 and HB 95 changes) identified via official code version labels and section history lines; 2026 HB 278/SB 355 status (continued to 2027) checked 2026-07-09. 2024 Acts of Assembly c. 46 (HB 701) read in full on legacylis.virginia.gov 2026-07-09 and its added language confirmed against the current § 55.1-1229 text, confirming the earlier reading. October 1, 2026: every section the security deposit, rent increase, late fee and entry answers rest on was read again on the Code of Virginia site (law.lis.virginia.gov), which prints the 2026 session's amendments and a separately dated version of each section a 2026 act changes in 2027: §§ 55.1-1200, 55.1-1201, 55.1-1203, 55.1-1204, 55.1-1206, 55.1-1208, 55.1-1210, 55.1-1223, 55.1-1226, 55.1-1229, 55.1-1253, 55.1-1302 and 55.1-1320, with §§ 54.1-2108.1 and 15.2-2305. Each 2025 and 2026 act amending them was read in its chaptered text on the Legislative Information System (lis.virginia.gov), and its effective date taken from the act's own enactment clause: 2025 chapters 554, 562 and 655 and 2026 chapters 353, 354, 598, 722, 723, 1050, 1066, 1105 and 1111. The acts that first enacted the renewal-notice and rent-change provisions (2023 chapters 679 and 706, 2024 chapter 831) were read on the Legislature's archive site.