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 rent a place in Virginia security deposit, a sum of money a landlord holds to cover damages or unpaid rent at the end of a lease. Also known as rental deposit, it’s not a fee—it’s your money, held in trust until you move out. Unlike some states, Virginia doesn’t cap how much a landlord can ask for upfront, but there are strict rules about how it’s handled after you pay.
Virginia landlord tenant law, the legal framework governing rental agreements and rights in the state says landlords must give you a written receipt for the deposit, tell you where it’s being held, and return it within 45 days after you leave. If they keep any part of it, they must send you a detailed list of damages with receipts. No vague statements like "it was dirty"—they need proof. And if they don’t follow these steps? You can sue for up to triple the amount wrongfully withheld.
What counts as damage? Broken windows, holes in walls, or unpaid utility bills. Normal wear and tear—faded paint, scuffed floors, worn carpet—isn’t yours to pay for. Landlords can’t use your deposit to fix that. And if you’re moving out and they claim you owe money, ask for photos from move-in day. Many disputes happen because landlords didn’t document the condition when you moved in.
Security deposit refund, the process of getting your money back after a lease ends isn’t automatic. You have to give your landlord a forwarding address in writing. If you don’t, they can legally hold your deposit until you do. But once they have it, the clock starts ticking. No delays. No excuses.
And here’s something most tenants don’t know: Virginia bans landlords from charging non-refundable deposits. Everything you pay upfront must be returnable, unless it’s clearly labeled as a separate fee—like a pet fee or cleaning fee. Even then, those fees can’t be used to cover damage beyond normal wear and tear.
What if your landlord ignores the law? You can file a claim in small claims court. You don’t need a lawyer. Just bring your lease, proof of payment, move-in/move-out photos, and any communication showing you asked for your deposit back. Courts in Virginia side with tenants who’ve done their part.
There’s no rent control in Virginia, and landlords can raise rent anytime after a lease ends—but they can’t touch your deposit unless you break the lease or leave damage. That’s the line. Keep it clear. Keep it documented. And don’t let anyone tell you otherwise.
Below, you’ll find real cases, legal breakdowns, and tenant stories that show exactly how Virginia security deposit rules play out in practice—from landlords who followed the law to those who got slapped with penalties. Whether you’re moving out next week or just signing a lease, this collection gives you the power to protect your money.
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.