Virginia lawAttorney FeesOrdinancesAccountingContracts

Security Deposit Return in Virginia

September 27, 2026 · LawDiver Research Team

The cap is 2 months' rent. The return deadline is 45 days after termination of the tenancy / surrender of possession, with an itemized list of deductions. Interest: No general statewide interest requirement for ordinary tenancies (local ordinances may differ). That is what separates Virginia getting a security deposit back from a generic national summary. Read Va. Code Ann. § 55.1-1226 before the background sections below. Wrongful withholding can support damages of the deposit amount plus actual damages and attorney fees under the Virginia Residential Landlord and Tenant Act.

When the deposit must be returned

45 days after termination of the tenancy / surrender of possession, with an itemized list of deductions

Interest and accounting

No general statewide interest requirement for ordinary tenancies (local ordinances may differ).

Penalties for wrongful withholding

Wrongful withholding can support damages of the deposit amount plus actual damages and attorney fees under the Virginia Residential Landlord and Tenant Act.

A concrete Virginia scenario

Here is one way the Virginia pieces fit together. Change any fact and the statute may point somewhere else.

A residential tenant moves out of a Virginia rental and the landlord has not returned the deposit.

Check the cap that applied when the deposit was collected: 2 months' rent.
Calendar the return deadline: 45 days after termination of the tenancy / surrender of possession, with an itemized list of deductions
Interest, if any: No general statewide interest requirement for ordinary tenancies (local ordinances may differ).
If the landlord keeps money without the required accounting: Wrongful withholding can support damages of the deposit amount plus actual damages and attorney fees under the Virginia Residential Landlord and Tenant Act.

Virginia caps most residential deposits at two months’ rent and requires return with itemization within 45 days. Document unit condition. General district court handles many disputes.

Practical process for tenants and landlords

Virginia caps most residential deposits at two months’ rent and requires return with itemization within 45 days. Document unit condition. General district court handles many disputes.

Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.

Case law: security deposits in Virginia

The ROBERT AND BERTHA ROBINSON FAMILY, LLC v. Douglas O. ALLEN, Et Al.

The ROBERT AND BERTHA ROBINSON FAMILY, LLC v. Douglas O. ALLEN, Et Al., 295 Va. 130 (2018)

…1 The tenants filed a counterclaim seeking to recover their security deposit. 2 The GDC ruled *51 against the landlord on its claims and against the tenants on their counterclaim. Seeking de novo review in the circuit court, the landlord filed a notice of appeal of the GDC's denial of its claim for unpaid rent and property damage. The tenants did not file a notice of appeal cha…

Virginia opinions such as The ROBERT AND BERTHA ROBINSON FAMILY, LLC v. Douglas O. ALLEN, Et Al. are cited where security deposits is disputed. The court stated: "The tenants filed a counterclaim seeking to recover their security deposit. 2 The GDC ruled *51 against the landlord on its claims and against the tenants on their counterclaim." That is the language to brief; the rest of the decision supplies the procedural posture.

HARRIETTE C. BRAY, S/K/A HARRIETTE COLLINS BRAY v. COMMONWEALTH OF VIRGINIA

HARRIETTE C. BRAY, S/K/A HARRIETTE COLLINS BRAY v. COMMONWEALTH OF VIRGINIA, 9 Va. App. 417 (1990)

…e § 18.2-181, for passing a worthless check in payment of a security deposit upon the rental of real estate. Answering the question affirmatively, we uphold Bray’s conviction under Code § 18.2-181. The second issue is whether one can be convicted of larceny by false pretenses, Code § 18.2-178, for giving a worthless check for the advance payment of the first month’s rent on res…

Virginia opinions such as HARRIETTE C. BRAY, S/K/A HARRIETTE COLLINS BRAY v. COMMONWEALTH OF VIRGINIA are cited where security deposits is disputed. The court stated: "Answering the question affirmatively, we uphold Bray’s conviction under Code § 18.2-181. The second issue is whether one can be convicted of larceny by false pretenses, Code § 18." That is the language to brief; the rest of the decision supplies the procedural posture.

Brandon v. Cox

Brandon v. Cox, 284 Va. 251 (2012)

…randon argues that the trial court erred in ruling that her security deposit could be retained by Richard Cox and Horner & Newell, Inc. ("Horner") to satisfy the alleged rent obligation of the housing authority. Because Brandon failed to preserve this argument for appeal, we hold that the argument is waived, and we will affirm the judgment of the trial court. I. FACTS AND PROCE…

Brandon v. Cox is worth reading on Virginia security deposits because the court put the point in its own words: "Richard Cox and Horner & Newell, Inc. ('Horner') to satisfy the alleged rent obligation of the housing authority. Because Brandon failed to preserve this argument for appeal, we hold that the argument is waived, and we will affirm the judgment of the trial court. I." Use that passage as the starting point, then read the facts that precede it.

Archie Pallas v. Stravros Zaharopoulos

Archie Pallas v. Stravros Zaharopoulos, 219 Va. 751 (1979)

…greement required rental payments of $2,000 per month and a security deposit of $6,000, $4,000 payable at the time the agreement was executed and the balance of $2,000 payable on or before January 15, 1973. The agreement contained no provision for reentry by the lessor upon the lessee’s default. Zaharopoulos failed to pay the balance of the security deposit in the sum of $2,000…

On security deposits, Archie Pallas v. Stravros Zaharopoulos speaks to the Virginia dispute in this passage: "January 15, 1973. The agreement contained no provision for reentry by the lessor upon the lessee’s default." The surrounding opinion shows how the court applied that language to the record.

Landmark Hhh, LLC v. Gi Hwa Park.

Landmark Hhh, LLC v. Gi Hwa Park., 277 Va. 50 (2009)

…pting to mitigate damages, and $5,130.06 as a return on the security deposit on the leasehold. *146 DISCUSSION A lease is a contract and "`when the terms of a contract are clear and unambiguous, a court must give them their plain meaning.'" Levisa Coal Co. v. Consolidation Coal Co., 276 Va. 44 , 57, 662 S.E.2d 44 , 51 (2008) (quoting Pocahontas Mining L.L.C. v. Jewell Ridge Coa…

Virginia opinions such as Landmark Hhh, LLC v. Gi Hwa Park. are cited where security deposits is disputed. The court stated: "DISCUSSION A lease is a contract and '`when the terms of a contract are clear and unambiguous, a court must give them their plain meaning.'' Levisa Coal Co. v. Consolidation Coal Co., 276 Va. 44 , 57, 662 S.E.2d 44 , 51 (2008) (quoting Pocahontas Mining L.L.C. v." That is the language to brief; the rest of the decision supplies the procedural posture.

Marshall Wrenn, Jr., in His Own Right and as Administrator, Etc. v. Grace Wrenn Daniels

Marshall Wrenn, Jr., in His Own Right and as Administrator, Etc. v. Grace Wrenn Daniels, 200 Va. 419 (1958)

…survivorship” and not as “tenants in common”, and funds on deposit in two banking institutions in their joint names were assets of the estate of Marshall Wrenn, Sr., and that Marshall Wrenn, Jr. acquired no title or interest in or to the shares of stock or funds on deposit except such interest as he acquired under the will of Marshall Wrenn, Sr. Marshall Wrenn, Jr. filed his b…

Practitioners open Marshall Wrenn, Jr., in His Own Right and as Administrator, Etc. v. Grace Wrenn Daniels when Virginia security deposits turns on the distinction in this sentence: "Marshall Wrenn, Sr., and that Marshall Wrenn, Jr. acquired no title or interest in or to the shares of stock or funds on deposit except such interest as he acquired under the will of Marshall Wrenn, Sr. Marshall Wrenn, Jr." Do not lift it out of the facts the court was deciding.

Debra I. Johnson, Et Al. v. Grace Marcel

Debra I. Johnson, Et Al. v. Grace Marcel, 251 Va. 58 (1996)

…expired. Consequently, they went into hiding and lost their security deposits and prepaid rents. They also incurred expenses for temporary housing. The plaintiffs contend that their allegations in the amended motion for judgment state a claim of common law trespass. They also contend that, because the trespass was deliberate and accompanied by aggravating circumstances, they ma…

Debra I. Johnson, Et Al. v. Grace Marcel is worth reading on Virginia security deposits because the court put the point in its own words: "Consequently, they went into hiding and lost their security deposits and prepaid rents. They also incurred expenses for temporary housing. The plaintiffs contend that their allegations in the amended motion for judgment state a claim of common law trespass." Use that passage as the starting point, then read the facts that precede it.

Antonio Noah LASSITER v. COMMONWEALTH of Virginia

Antonio Noah LASSITER v. COMMONWEALTH of Virginia, 46 Va. App. 604 (2005)

…soline on the carpet, because he was attempting to have his security deposit refunded. Appellant admitted that the gasoline can belonged to him and that he had used it earlier that day to fill his lawn mower. He also admitted that he had called and left messages for Goodove on August 16, 2003, while he was inside the residence located at 773 Pine Lake Drive. Appellant admitted…

Antonio Noah LASSITER v. COMMONWEALTH of Virginia is worth reading on Virginia security deposits because the court put the point in its own words: "Appellant admitted that the gasoline can belonged to him and that he had used it earlier that day to fill his lawn mower. He also admitted that he had called and left messages for Goodove on August 16, 2003, while he was inside the residence located at 773 Pine Lake Drive." Use that passage as the starting point, then read the facts that precede it.

Key takeaways

Maximum deposit: 2 months' rent
Return deadline: 45 days after termination of the tenancy / surrender of possession, with an itemized list of deductions
Interest: No general statewide interest requirement for ordinary tenancies (local ordinances may differ).
Penalties: Wrongful withholding can support damages of the deposit amount plus actual damages and attorney fees under the Virginia Residential Landlord and Tenant Act.
Primary authority: Va. Code Ann. § 55.1-1226.

Deposit limits in Virginia

2 months' rent

Frequently asked questions

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