Tenant Rights
VA - Updated 2025
Get Your Security Deposit Back in Virginia
Know your rights under Virginia law. Learn how to maximize your deposit return and take action if your landlord withholds money illegally.
Your Virginia Protections:
Your landlord has 45 days to return your deposit with an itemized statement. If they wrongfully withhold, you may recover Actual damages + attorney fees.
Your landlord has 45 days to return your deposit with an itemized statement. If they wrongfully withhold, you may recover Actual damages + attorney fees.
Max Deposit
2 months rent
Return Deadline
45 days
Interest Owed?
No
Wrongful Withholding
Actual damages + attorney fees
Maximize Your Virginia Deposit Return
Before Move-Out:
- Give proper written notice (check your lease)
- Request pre-move-out inspection if available
- Deep clean entire unit
- Repair minor damage (nail holes, scuffs)
- Replace any missing items
At Move-Out:
- Take timestamped photos of every room
- Complete move-out inspection checklist
- Return all keys (get receipt)
- Provide forwarding address in writing
- Mark calendar: 45 days from today
If Your Landlord Doesn't Return Deposit
Step 1: Send Demand Letter
- Wait until 45 days deadline passes
- Send certified mail with return receipt
- Cite Virginia security deposit law
- Give 7-14 days to respond
- Keep copy of everything
Step 2: File Small Claims Court
- Most deposits under small claims limit
- No lawyer needed
- Bring all documentation
- Request full deposit + Actual damages + attorney fees
- May also recover court costs
Illegal Deductions to Dispute
Your Virginia landlord CANNOT deduct for:
- Normal wear and tear (faded paint, worn carpet)
- Pre-existing damage (documented at move-in)
- Professional cleaning if you left it clean
- Finding a new tenant (advertising, showing)
- Routine painting between tenants
- Repairs for items that wore out from age
Need a Deposit Demand Letter for Virginia?
Create a professional demand letter citing VA law to send to your landlord.