Deposit return deadline · Virginia
Virginia: return the deposit within 45 days
In Virginia, a landlord must return a tenant's security deposit — or account for what's being kept — within 45 days after the tenancy terminates or the tenant vacates — whichever happens LAST (a detail most summaries miss). The rule is Va. Code § 55.1-1226 (Virginia Residential Landlord and Tenant Act).
Deducting? The paperwork rules
An itemized statement of all deductions comes with the refund. During the tenancy, deductions must be itemized in writing within 30 days of when you determine them. The tenant has a right to be present at a move-out inspection held within 72 hours of getting possession back — you must notify them of it in writing.
The clean way to do this is a written letter with the deduction list and the ledger behind it — the deposit return letter template produces one, and a current rent ledger is the difference between documenting and reconstructing.
What missing the deadline costs
For willful noncompliance a court SHALL order the deposit returned, plus actual damages and reasonable attorney's fees (offset against any rent still owed).
Deposit capped at two months' rent. Virginia no longer requires interest on deposits — that mandate was repealed effective 2015, though older summaries still claim otherwise.
Never discover this deadline late
The return clock starts the day the tenancy ends — which means it's knowable weeks in advance. A free RentChime account tracks your lease dates and emails you before deadlines like this one arrive.
Not legal advice. This is a summary for general information, not legal advice. The statute linked above is the authority; cities can add stricter rules, and laws change. If a deposit is disputed, talk to a local attorney.
Common questions
When does the 45-day clock start?
Generally when the tenancy ends and the tenant has moved out. The statute linked above defines the trigger precisely.
Can I deduct for normal wear and tear?
No state allows deductions for ordinary wear and tear — deductions are for damage beyond it, unpaid rent, and other charges the lease and statute allow, itemized in writing.
What if I miss the deadline in good faith?
Penalties generally attach to bad-faith withholding, but missing the deadline can forfeit your right to keep any of the deposit even without bad faith. The safe play is the letter, itemized, on time.