Learn what happens when a Virginia landlord fails to return a security deposit within 45 days, your legal rights, and step‑by‑step actions to recover it.
When you’re owed money or damaged by a neighbor, landlord, or contractor in Virginia, small claims court, a simplified legal process for resolving disputes under $5,000 without a lawyer. Also known as Virginia General District Court (small claims division), it’s designed for regular people—not lawyers—to get results fast. You don’t need a law degree to file. You just need a clear story, some proof, and the right form.
Most small claims cases in Virginia involve unpaid rent, broken leases, faulty repairs, or stolen security deposits. If your landlord refuses to return your deposit after you moved out, or a contractor took your money but never showed up, this is your path. The small claims limit, the maximum amount you can sue for in Virginia’s small claims court is $5,000. That’s it. No more. If you’re owed $6,000, you can either drop $1,000 or go to regular court—which means lawyers, delays, and higher costs. Most people pick the $5,000 route because it’s faster and cheaper.
What gets you disqualified? Filing for something that’s not a debt or damage. You can’t use small claims to force someone to fix their fence, get custody of a pet, or challenge a traffic ticket. And you can’t sue the state or a city government. But you can sue a person, a business, or a landlord. If you’re a tenant in Richmond and your landlord ignored your repair requests for three months, you can take them to small claims court for the cost of fixing it yourself. If you’re a small business owner in Roanoke and a client walked off with $3,000 without paying, you can file. The court doesn’t care if you’re rich or poor. It cares if you have a receipt, a text message, or a signed contract.
There’s a time limit too. In Virginia, you have two years from the date the problem happened to file. Miss that window, and you lose your right—even if you’re 100% right. So if your neighbor ruined your lawn with a dump truck last July, don’t wait until next year to act.
What happens after you file? You’ll get a court date in 30 to 60 days. The other side gets a notice. Both of you show up. You speak first. They speak after. The judge listens. No fancy robes, no jury. Just facts. And if you win? The court gives you a judgment. But collecting the money is up to you. That’s where things get tricky. Some people pay right away. Others hide their money, change jobs, or disappear. That’s why many people in Virginia file small claims not just to get paid, but to put pressure on someone who’s dodging responsibility.
Below are real cases, real rules, and real advice from people who’ve been through it. You’ll find guides on how to fill out the forms correctly, how to gather proof that holds up in court, and what to say when you’re standing in front of the judge. You’ll also see how Virginia’s rules compare to nearby states—and why some people choose to file in a different county for better odds. This isn’t legal advice. It’s what actually works when you’re trying to get your money back without going broke.
Learn what happens when a Virginia landlord fails to return a security deposit within 45 days, your legal rights, and step‑by‑step actions to recover it.