Virginia Security Deposit Law: How Many Days and What to Do
In Virginia, a landlord has 45 days to return a security deposit. The clock starts after the required dates below; the landlord must return the deposit or send an itemized list (Va. Code § 55.1-1226). Most states allow 30 days; Virginia is longer.
Last checked 2026-07-06
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Details of the return rules
| When it applies | Deadline | Starts from |
|---|---|---|
| Deposit return | 45 days | Termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last |
Virginia return rule: 45 days. Check the dates you entered above.
Key facts
| Deadline | 45 days |
|---|---|
| Deadline trigger | Termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last |
| Penalty formula | No statutory 2x/3x multiplier. If the landlord WILLFULLY fails to comply with the itemization/45-day requirement, a court "shall order the return of the security deposit to the tenant, together with actual damages and reasonable attorney fees" (unless tenant owes rent, in which case the deposit amount is instead credited against rent owed). Non-willful (e.g., merely late/negligent) noncompliance does not trigger this specific penalty under § 55.1-1226, though general VRLTA remedies (e.g., attorney fees to prevailing party under § 55.1-1259) may still apply. |
| Bad faith required | Yes |
| Statute citation | Va. Code § 55.1-1226 (Virginia Residential Landlord and Tenant Act, Title 55.1, Chapter 12) |
How does Virginia's deadline compare with other states?
Virginia's return deadline is 45 days. The middle of the comparable state deadlines is ≈30 days. Use the dates and questions above to see which deadline applies to you.
| State | Return rule |
|---|---|
| Virginia | 45 days |
| District of Columbia | 45 days |
| Illinois | 45 days |
| Indiana | 45 days |
| Maryland | 45 days |
| Mississippi | 45 days |
See all 51 jurisdictions
| State | Return rule |
|---|---|
| Montana | 10 days |
| Alaska | 14 days |
| Arizona | 14 days |
| Hawaii | 14 days |
| Kansas | 14 days |
| Nebraska | 14 days |
| New York | 14 days |
| Vermont | 14 days |
| Florida | 15 days |
| Delaware | 20 days |
| Rhode Island | 20 days |
| California | 21 days |
| Connecticut | 21 days |
| Idaho | 21 days |
| Minnesota | 21 days |
| South Dakota | 21 days |
| Wisconsin | 21 days |
| Colorado | 30 days |
| Georgia | 30 days |
| Iowa | 30 days |
| Louisiana | 30 days |
| Maine | 30 days |
| Massachusetts | 30 days |
| Michigan | 30 days |
| Missouri | 30 days |
| Nevada | 30 days |
| New Hampshire | 30 days |
| New Jersey | 30 days |
| New Mexico | 30 days |
| North Carolina | 30 days |
| North Dakota | 30 days |
| Ohio | 30 days |
| Pennsylvania | 30 days |
| South Carolina | 30 days |
| Texas | 30 days |
| Utah | 30 days |
| Washington | 30 days |
| Wyoming | 30 days |
| Oregon | 31 days |
| District of Columbia | 45 days |
| Illinois | 45 days |
| Indiana | 45 days |
| Maryland | 45 days |
| Mississippi | 45 days |
| Oklahoma | 45 days |
| Virginia | 45 days |
| Alabama | 60 days |
| Arkansas | 60 days |
| West Virginia | 60 days |
| Kentucky | No fixed return deadline |
| Tennessee | No fixed return deadline |
Source: state statute records · checked 2026-07-06 · n=48 fixed rules among 51 jurisdictions · method: first listed return deadline; calendar months plotted as ≈30 days · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
What happens if the landlord misses the deadline?
No statutory 2x/3x multiplier. If the landlord WILLFULLY fails to comply with the itemization/45-day requirement, a court "shall order the return of the security deposit to the tenant, together with actual damages and reasonable attorney fees" (unless tenant owes rent, in which case the deposit amount is instead credited against rent owed). Non-willful (e.g., merely late/negligent) noncompliance does not trigger this specific penalty under § 55.1-1226, though general VRLTA remedies (e.g., attorney fees to prevailing party under § 55.1-1259) may still apply. The statutory amount depends on the facts and any conditions in Va. Code § 55.1-1226 (Virginia Residential Landlord and Tenant Act, Title 55.1, Chapter 12); it is separate from the deposit owed.
Virginia is one of 10 states where the law names another remedy, such as forfeiture, fees, or damages.
| Rule | States | Share |
|---|---|---|
| The law sets a multiple of the deposit | 36 | 71% |
| The law names another remedy (forfeiture, fees, damages) ← Virginia | 10 | 20% |
| Read the cited remedy; no multiple is set | 5 | 10% |
Source: Va. Code § 55.1-1226 (Virginia Residential Landlord and Tenant Act, Title 55.1, Chapter 12) · checked 2026-07-06 · n=51 · method: computed from state records · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
What do you have to do before you can claim the penalty?
Send the required information to start the clock.
Does the deadline move if it falls on a weekend or holiday?
Virginia's general rule for counting legal time periods says: ... that an act be performed or an action be filed on a Saturday, Sunday, or legal holiday or on any day or part of a day on which the state or local government office where the act to be performed or the action to be filed is closed, the act may be performed or the action may be filed on the next business day that is not a Saturday, Sunday, legal holiday, or day on which the state or local government office is closed.
(Va. Code § 1-210(E)). Whether a court applies it to a landlord's deposit deadline depends on the case, so this page does not move the deadline for you.
To be safe: if the last day falls on a weekend or holiday, treat the deadline as passed only after the next business day. Example: October 10, 2026 is a Saturday, so wait until October 12, 2026 before saying the deadline has passed.
What Virginia law requires of the landlord
The deposit return rule is 45 days. The law also requires an itemized statement when deductions are made.
- Return window
- 45 days
- Itemization
- Required
- Receipts threshold
- None - itemization is required for any and all deductions, damages, and charges taken from the deposit, regardless of dollar amount
- Interest
- No statewide interest requirement in the verified data for ordinary residential leases under the VRLTA.
Is interest owed on a deposit in Virginia?
Virginia is one of 37 states where interest is not required by state law.
| Rule | States | Share |
|---|---|---|
| Required by state law | 3 | 6% |
| Owed only in some cases | 11 | 22% |
| Not required by state law ← Virginia | 37 | 73% |
Source: Va. Code § 55.1-1226 (Virginia Residential Landlord and Tenant Act, Title 55.1, Chapter 12) · checked 2026-07-06 · n=51 · method: computed from state records · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
Virginia security deposit deductions
FAQ
How do I confirm the Virginia deadline?
Use the questions above to match your dates to Va. Code § 55.1-1226 (Virginia Residential Landlord and Tenant Act, Title 55.1, Chapter 12), and keep proof of each date.
What is the small claims limit in Virginia?
See the applicable court limits and jurisdictions in the state court guide. Virginia court guide
City data on this page currently includes Virginia Beach, Chesapeake, Arlington, Norfolk, Richmond, Newport News, Alexandria, Hampton, Suffolk, Roanoke, Portsmouth, Lynchburg, Harrisonburg, Charlottesville, Danville.
Statute text, sources and changes
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 date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last... If the landlord willfully fails to comply with this section, the court shall order the return of the security deposit to the tenant, together with actual damages and reasonable attorney fees, unless the tenant owes rent to the landlord, in which case the court shall order an amount equal to the security deposit credited against the rent due to the landlord."
What this means
Sources
- https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1226/ · accessed 2026-07-06
- https://ipropertymanagement.com/laws/virginia-security-deposit-returns · accessed 2026-07-06
- https://www.hemlane.com/resources/virginia-security-deposit-laws/ · accessed 2026-07-06
- https://law.lis.virginia.gov/vacodefull/title16.1/chapter6/article5/ · accessed 2026-07-06
Changes
- : Record verified against the cited statute.
Verified 2026-07-06 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6