Virginia Security Deposit Deductions
In Virginia, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 45 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Wear and tear in this record
The supplied Virginia record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| Cleaning | Conditional | The deposit may be applied solely to (i) accrued rent including reasonable late charges specified in the rental agreement; (ii) damages suffered by reason of the tenant’s noncompliance with § 55.1-1227, less reasonable wear and tear; (iii) other damages or charges as provided in the rental agreement; or (iv) actual damages for breach under § 55.1-1251. Cleaning is therefore only if it is 1227-noncompliance damage less reasonable wear and tear, or a charge provided in the rental agreement. (Va. Code § 55.1-1226(A)) |
| Carpet replacement | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Va. Code § 55.1-1226 (Virginia Residential Landlord and Tenant Act, Title 55.1, Chapter 12)). (Va. Code § 55.1-1226 (Virginia Residential Landlord and Tenant Act, Title 55.1, Chapter 12)) |
| Painting | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Va. Code § 55.1-1226 (Virginia Residential Landlord and Tenant Act, Title 55.1, Chapter 12)). (Va. Code § 55.1-1226 (Virginia Residential Landlord and Tenant Act, Title 55.1, Chapter 12)) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Va. Code § 55.1-1226 (Virginia Residential Landlord and Tenant Act, Title 55.1, Chapter 12)). (Va. Code § 55.1-1226 (Virginia Residential Landlord and Tenant Act, Title 55.1, Chapter 12)) |
| Pet damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Va. Code § 55.1-1226 (Virginia Residential Landlord and Tenant Act, Title 55.1, Chapter 12)). (Va. Code § 55.1-1226 (Virginia Residential Landlord and Tenant Act, Title 55.1, Chapter 12)) |
| Unpaid rent and fees | Yes | The deposit may be applied to the payment of accrued rent, including the reasonable charges for late payment of rent specified in the rental agreement. (Va. Code § 55.1-1226(A)) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 45 days |
| Receipts required | No |
| Rule | The security deposit and any deductions, damages, and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due to the tenant, within 45 days after the termination date of the tenancy or the date the tenant vacates, whichever occurs last. Receipts are not required. |
| Citation | Va. Code § 55.1-1226(A) |
Burden of proof
No statutory sentence allocating the burden of proof on the lawfulness of a deduction. The exclusive four-category list in 55.1-1226(A) is the entire deduction universe.
Statute says
The security deposit and any deductions, damages, and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due to the tenant, within 45 days after the termination
What this means
Source accessed: .
If it was deducted anyway
Use the Virginia demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free Virginia template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Virginia law (Va. Code § 55.1-1226), a landlord must return the deposit or send a written, itemized list of deductions within 45 days after termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last.
FAQ
What security deposit deductions are allowed in Virginia?
Only the uses in the supplied Virginia record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a Virginia landlord have to itemize deductions?
Yes. The security deposit and any deductions, damages, and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due to the tenant, within 45 days after the termination date of the tenancy or the date the tenant vacates, whichever occurs last. Receipts are not required.
Who has the burden of proof for a Virginia deduction?
No statutory sentence allocating the burden of proof on the lawfulness of a deduction. The exclusive four-category list in 55.1-1226(A) is the entire deduction universe.