Virginia Security Deposit Law, in Plain English

Virginia builds its deposit law around two inspections: a written damage report the landlord must hand over within five days of move-in, and a move-out inspection the tenant has a right to attend. Between them sit a two-month cap and a 45-day return clock. Here's how Va. Code § 55.1-1226 — and its move-in companion, § 55.1-1214 — actually work, for both sides of the lease.

记录迁入或迁出时的屋况 — 第一次验房免费 →

45 daysDeadline after termination or move-out (whichever is later) to return the deposit with an itemized statement
2 months' rentMaximum deposit, in money or value (§ 55.1-1226)
5 daysThe landlord's window to deliver a written move-in damage report — and the tenant's window to object
72 hoursHow soon after possession is returned the move-out inspection must happen, if the tenant asks to attend
Actual damages + feesWhat a willful violation costs the landlord, on top of returning the deposit

Two months' rent — counted in money or "value"

A Virginia landlord may not demand or receive a deposit exceeding two months' periodic rent. The statute says "amount or value," which closes the usual loophole: a pet deposit, a key deposit, or any other security-type charge counts toward the same two months. Virginia no longer requires interest on deposits — an older accrued-interest rule was repealed — so the deposit sits, uncapped by yield but capped by size, until the tenancy ends.

Five days to report existing damage — and five days to disagree

Under § 55.1-1214, within 5 days of the tenant taking occupancy, the landlord must deliver a written report itemizing damage that already exists in the unit. That report is deemed correct unless the tenant objects in writing within 5 days of receiving it. Read that twice, because it's where Virginia deposit disputes are actually decided. A tenant who files the report unread has adopted the landlord's description of the unit for the entire tenancy. A tenant who answers within five days — "the report omits the cracked tile in the hall bath and the scorch mark on the counter, photos attached" — has locked in a baseline no later inspection can undo. For landlords, the mirror is true: a thorough report with photos is what keeps a move-out deduction from becoming an argument.

Got your landlord's move-in report? You have 5 days to object

Within 5 days after you move in, your Virginia landlord must give you a written report listing damage that's already in the unit.

Your part: check it against the unit. If anything is missing or wrong, object in writing within 5 days after you receive it. If you don't, the law says the report is "deemed correct". That means the landlord's description becomes the starting point for your whole tenancy (Va. Code § 55.1-1214(A)). Start the day it arrives.

Walk every room with the report in hand before you unpack.
Photograph every problem it leaves out or gets wrong, close up and from across the room.
Write your objection as a list, for example "hall bath: cracked floor tile, not on the report", and sign and date it.

None of these laws says how to send it. Check your lease for how notices must be sent, then use a way that shows the date, like certified mail or email, and keep a copy.

My landlord never gave me a move-in report. What now? The law requires one, but doesn't say what happens if the landlord skips it. Ask in writing, then send your own dated list with photos anyway.

My landlord asked me to fill out the move-in report myself. Is that allowed? Yes, if the landlord has a written policy allowing it. You send the landlord a copy, and it's deemed correct unless the landlord objects in writing within 5 days. If you and the landlord write and sign a joint report, it's deemed correct once you both sign, so read it carefully before you sign (Va. Code § 55.1-1214(B)).

Virginia gives you a report at move-in and a walkthrough at move-out. Make both of them photographic.

Done at the door, not at your desk
One link for everyone. No account, no app.
Dated, room-by-room proof for when the deposit is due

First inspection free, then $0.99. No subscription.

Start an inspection See a sample report

Virginia law requires a written move-in damage report and gives tenants the right to attend the move-out inspection. PropInspect helps you capture a dated, room-by-room record to accompany them. PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Virginia law or a particular result in a deposit dispute.

The right to be in the room — 72 hours after the keys come back

The landlord must give the tenant written notice of the right to be present at the move-out inspection. A tenant who invokes that right in writing gets notice of the date and time, and the inspection must take place within 72 hours of the tenant delivering possession. Afterward, the landlord provides a written security deposit disposition statement with an itemized list of any damage claimed. Attend it. Deductions discovered with both parties standing in the room rarely turn into lawsuits; deductions announced by mail six weeks later routinely do.

After move-out: 45 days, itemized in writing

Within 45 days of the termination date or the day the tenant vacates — whichever is later — the landlord must return the deposit with a written, itemized statement of any deductions. The deposit may be applied to accrued rent and reasonable late charges; damage from the tenant's noncompliance less reasonable wear and tear; other damages or charges the rental agreement provides for; and actual damages for breach. Faded paint, carpet worn by ordinary use, the small nail holes from hanging pictures: reasonable wear, not deductible. One mid-tenancy rule most people miss: if the landlord deducts from the deposit *during* the lease — say, for a repair — the tenant must be told in writing within 30 days of the determination. Deductions aren't supposed to surprise anyone at the end.

When it goes wrong: actual damages, attorney's fees, and a lawyer-free courtroom

For a willful failure to comply with § 55.1-1226, the court shall order return of the deposit together with the tenant's actual damages and reasonable attorney's fees. Virginia doesn't double or triple the deposit; the fee-shifting is the teeth. Most disputes go to the General District Court's Small Claims Division, which hears claims up to $5,000 — with one distinctive rule: Va. Code § 16.1-122.4 bars attorneys from representing either side there. It's a genuine do-it-yourself forum, decided on documents: the move-in report and the written objection, the disposition statement, the 45-day itemization, and dated room-by-room photos from both ends of the tenancy. An unclaimed deposit doesn't vanish, either — after one year the landlord may remit it to the State Treasurer as unclaimed property, where the tenant can still recover it.

Sources and official texts

The official sources for this guide are Va. Code § 55.1-1226 — security deposits (cap, uses, 45-day return, move-out inspection, penalties); Va. Code § 55.1-1214 — the 5-day move-in inspection report; Va. Code Title 16.1, Chapter 6, Article 5 — Small Claims Court jurisdiction and the no-attorney rule; and the Virginia DHCD Statement of Tenant Rights and Responsibilities.

Frequently asked questions

How long does a landlord have to return a security deposit in Virginia?

45 days after the tenancy ends or you move out, whichever is later. The landlord must return the deposit along with a written, itemized statement of any deductions.

How much can a landlord charge for a security deposit in Virginia?

No more than two months' periodic rent — in money or 'value,' so pet deposits and other security-type charges count toward the same two-month cap.

What is Virginia's move-in inspection report?

Within 5 days after you take occupancy, the landlord must give you a written report itemizing damage that already exists. Read it carefully: it's deemed correct unless you object in writing within 5 days. Your objection — ideally with dated photos — becomes the baseline for the whole tenancy.

Can I be present at the move-out inspection in Virginia?

Yes. The landlord must notify you in writing of your right to be present. If you request it in writing, the landlord tells you the date and time, and the inspection happens within 72 hours of when you hand back possession. Afterward you get a written disposition statement with an itemized list of any damage claimed.

What can a landlord deduct from a deposit in Virginia?

Accrued rent and reasonable late charges, damage from your noncompliance with the lease (minus reasonable wear and tear), other charges the rental agreement provides for, and actual damages for breach. Ordinary aging of paint, carpet, and fixtures isn't deductible.

What happens if the landlord willfully breaks these rules?

The court must order return of the deposit plus your actual damages and reasonable attorney's fees. Virginia doesn't double or triple the deposit — but the fee award means a lawyer can be worth hiring in a clear-cut case outside the Small Claims Division.

Does my deposit earn interest in Virginia?

No. Virginia repealed its deposit-interest requirement; the current statute contains no interest obligation.

Where do deposit disputes go in Virginia?

The General District Court's Small Claims Division handles claims up to $5,000 — and Virginia bars attorneys from that division for both sides, so it's a true do-it-yourself forum. Bring the lease, the move-in damage report and your written objection, the move-out disposition statement, and dated move-in and move-out photos.

走完一遍，报告就已完成。

照片、视频和备注边走边归入正确的房间。回到办公室之前就能分享一个连结：维修人员看到要修什么，租客看到原因，屋主看到全部。

在门口就完成，不必回到办公桌
一个连结给所有人。不需帐户，不需应用程式。
有日期、逐房间的证明，押金到期时随时可用

第一次验房免费，之后每次 $0.99。无需订阅。

开始验房查看范例报告

PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Virginia law or a particular result in a deposit dispute.

Related inspection guides

Compare state guides

These state rules are not interchangeable. Read the guide for the state where the rental is located.