| Quick Facts | Answer |
| Acceptable Deductions | Unpaid rent and late fees
Costs of damage Damages due to early termination Charges outlined in the lease |
| Return Deadline | 45 days |
| Itemized Deductions | Required |
| Penalty for Late Return | Amount due + damages + attorneys’ fees |
For laws on security deposit collections and holdings in Virginia, click here.
Some cities and counties may have regulations which are different from those presented here. Always check local laws.
Security Deposit Deductions in Virginia
Virginia allows these deductions from a security deposit:
- Unpaid rent and late fees
- Costs of damage excluding normal wear and tear
- Damages as a result of early termination of the lease
- Charges outlined in the lease
Most states, including Virginia, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable and reflect actual landlord expenses.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What is Considered Normal Wear and Tear in Virginia?
“Normal wear and tear” is damage and deterioration to a property that happens over time using an ordinary and reasonable level of care. Normal wear and tear includes things like:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Excessive damage” means any careless, reckless, or intentional damage that occurs because of someone on the property with the tenant’s permission. Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Virginia?
Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Virginia?
Virginia landlords can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Virginia?
In Virginia, landlords can charge a cleaning fee if it is specifically agreed by the tenant in the lease, and the fee is reasonable (accurately reflects area rates for a standard type of cleaning).
If there is no cleaning fee mentioned in the lease agreement, the landlord can only charge the tenant if they cause damage that requires cleaning such as wine stains on the carpet.
Can the Landlord Charge for Painting in Virginia?
Virginia landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Security Deposit Returns in Virginia
Within 5 days after the tenant’s notice to vacate (or the landlord’s request to vacate) the landlord must notify the tenant in writing of their right to attend the final inspection. Landlords must return a security deposit within 45 days from the last day of the lease or the date the tenant vacates the unit, whichever is later.
Any deductions must be included on an itemized statement.
How Long Do Landlords Have to Return Security Deposits in Virginia?
Virginia landlords have 45 days after the lease ends or the tenant vacates the rental unit (whichever is later) to return a security deposit.
Landlords may include a provision in the lease agreement that tenants may request an expedited return of the security deposit in writing and by paying an administrative fee.
Do Landlords Owe Interest on Security Deposits in Virginia?
No, Virginia law does not require landlords to provide interest on held security deposits.
How Do Landlords Give Notice in Virginia?
Landlords in Virginia are required to send the following notices when returning a security deposit:
- Within 5 days – Notice of right to attend final inspection
- Within 45 days – Return of security deposit including itemized list of deductions
Notice of right to attend final inspection. Within 5 days after the tenant’s notice of intent to vacate, the landlord must send written notice to the tenant of their right to attend the final inspection.
If the tenant requests (in writing) to be present at the inspection, the landlord must send another , which must occur within 72 hours of delivery of possession.
Return of security deposit. Within 45 days after the lease ends or the tenant vacates the rental unit (whichever is later), the landlord must return the security deposit. If deductions are to be made from the security deposit, an itemized statement of deductions must be included.
Any notice required by this section can be sent by regular mail, hand delivery, or email (if the lease allows electronic communication) to the tenant’s last known address.
If there are multiple tenants on the lease, the landlord can return the security deposit as one check delivered to one tenant (unless otherwise agreed in the lease).
Deductions during the lease term. If the landlord makes deductions from the security deposit during the tenancy, they must send written notice within 30 days of the deduction (unless the deduction occurs within 30 days of the end of the lease term). The written notice must include an itemized statement of the deduction.
Can a Security Deposit Be Used for Last Month’s Rent in Virginia?
Virginia law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Disputes in Virginia
If landlords do not return the security deposit within the required 45-day period, tenants can file a claim in court for the amount of the deposit wrongfully withheld plus actual damages and reasonable attorneys’ fees.
Tenants can also take legal action against a landlord for:
- Failure to provide written notice that lists deductions if the security deposit is not returned in full
- Failure to provide the option to attend the final inspection
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in Virginia?
If a landlord fails to perform their obligations regarding a security deposit, the tenant can file a dispute in the small claims division of the General District Court if the amount of damages is less than $5,000. If the amount is greater, the tenant must file a civil case in the General District Court.
A small claims case regarding the return of a security deposit must be filed within 3 to 5 years depending on whether the lease agreement was oral or written.
Cases are filed in any General District Court that is convenient for the parties, like where the property is located or where the defendant lives. An attorney is not required or permitted. Filing fees vary depending on the court.
Sources
- 1 Va. Code § 55.1-1226(A)
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No landlord may demand or receive a security deposit, however denominated, in an amount or value in excess of two months’ periodic rent. Upon termination of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last, such security deposit, whether it is property or money held by the landlord as security as provided in this section, may be applied by the landlord solely to (i) the payment of accrued rent, including the reasonable charges for late payment of rent specified in the rental agreement; (ii) the payment of the amount of damages that the landlord has 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 of the rental agreement pursuant to § 55.1-1251. 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. As of the date of the termination of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last, the tenant shall be required to deliver possession of the dwelling unit to the landlord. If the termination date is prior to the expiration of the rental agreement or any renewal thereof, or the tenant has not given proper notice of termination of the rental agreement, the tenant shall be liable for actual damages pursuant to § 55.1-1251, in which case, the landlord shall give written notice of security deposit disposition within the 45-day period but may retain any security balance to apply against any financial obligations of the tenant to the landlord pursuant to this chapter or the rental agreement. If the tenant fails to vacate the dwelling unit as of the termination of the tenancy, the landlord may file an unlawful detainer action pursuant to § 8.01-126.
Source Link - 2 Va. Code § 55.1-1226(E)
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The landlord shall notify the tenant in writing of any deductions provided by this section to be made from the tenant’s security deposit during the course of the tenancy. Such notification shall be made within 30 days of the date of the determination of the deduction and shall itemize the reasons in the same manner as provided in subsection F. No such notification shall be required for deductions made less than 30 days prior to the termination of the rental agreement. 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. In the event that damages to the premises exceed the amount of the security deposit and require the services of a third-party contractor, the landlord shall give written notice to the tenant advising him of that fact within the 45-day period required by subsection A. If notice is given as prescribed in this subsection, the landlord shall have an additional 15-day period to provide an itemization of the damages and the cost of repair. This section shall not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter. The holder of the landlord’s interest in the premises at the time of the termination of the tenancy, regardless of how the interest is acquired or transferred, is bound by this section and shall be required to return any security deposit received by the original landlord that is duly owed to the tenant, whether or not such security deposit is transferred with the landlord’s interest by law or equity, regardless of any contractual agreements between the original landlord and his successors in interest.
Source Link - 3 Va. Code § 55.1-1226(C)
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Nothing in this section shall be construed by a court of law or otherwise as entitling the tenant, upon the termination of the tenancy, to an immediate credit against the tenant’s delinquent rent account in the amount of the security deposit. The landlord shall apply the security deposit in accordance with this section within the 45-day time period required by subsection A. However, provided that the landlord has given prior written notice in accordance with this section, the landlord may withhold a reasonable portion of the security deposit to cover an amount of the balance due on the water, sewer, or other utility account that is an obligation of the tenant to a third-party provider under the rental agreement for the dwelling unit, and upon payment of such obligations the landlord shall provide written confirmation to the tenant within 10 days, along with payment to the tenant of any balance otherwise due to the tenant. In order to withhold such funds as part of the disposition of the security deposit, the landlord shall have so advised the tenant of his rights and obligations under this section in (i) a termination notice to the tenant in accordance with this chapter, (ii) a written notice to the tenant confirming the vacating date in accordance with this section, or (iii) a separate written notice to the tenant at least 15 days prior to the disposition of the security deposit. Any written notice to the tenant shall be given in accordance with § 55.1-1202.
The tenant may provide the landlord with written confirmation of the payment of the final water, sewer, or other utility bill for the dwelling unit, in which case the landlord shall refund the security deposit, unless there are other authorized deductions, within the 45-day period required by subsection A. If the tenant provides such written confirmation after the expiration of the 45-day period, the landlord shall refund any remaining balance of the security deposit held to the tenant within 10 days following the receipt of such written confirmation provided by the tenant. If the landlord otherwise receives confirmation of payment of the final water, sewer, or other utility bill for the dwelling unit, the landlord shall refund the security deposit, unless there are other authorized deductions, within the 45-day period.
Source Link - 4 Va. Code § 55.1-1226(D)
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Nothing in this section shall be construed to prohibit the landlord from making the disposition of the security deposit prior to the 45-day period required by subsection A and charging an administrative fee to the tenant for such expedited processing, if the rental agreement so provides and the tenant requests expedited processing in a separate written document.
Source Link - 5 Va. Code § 55.1-1226(G)
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Upon request by the landlord to a tenant to vacate, or within five days after receipt of notice by the landlord of the tenant’s intent to vacate, the landlord shall provide written notice to the tenant of the tenant’s right to be present at the landlord’s inspection of the dwelling unit for the purpose of determining the amount of security deposit to be returned. If the tenant desires to be present when the landlord makes the inspection, he shall, in writing, so advise the landlord, who in turn shall notify the tenant of the date and time of the inspection, which must be made within 72 hours of delivery of possession. Following the move-out inspection, the landlord shall provide the tenant with a written security deposit disposition statement, including an itemized list of damages. If additional damages are discovered by the landlord after the security deposit disposition has been made, nothing in this section shall be construed to preclude the landlord from recovery of such damages against the tenant, provided, however, that the tenant may present into evidence a copy of the move-out report to support the tenant’s position that such additional damages did not exist at the time of the move-out inspection.
Source Link - 6 Va. Code § 55.1-1200
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“Notice” means notice given in writing by either regular mail or hand delivery, with the sender retaining sufficient proof of having given such notice in the form of a certificate of service confirming such mailing prepared by the sender. However, a person shall be deemed to have notice of a fact if he has actual knowledge of it, he has received a verbal notice of it, or, from all of the facts and circumstances known to him at the time in question, he has reason to know it exists. A person “notifies” or “gives” a notice or notification to another by taking steps reasonably calculated to inform another person, whether or not the other person actually comes to know of it. If notice is given that is not in writing, the person giving the notice has the burden of proof to show that the notice was given to the recipient of the notice.
Source Link - 7 Va. Code § 55.1-1202(A) & (B)
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A. If the rental agreement so provides, the landlord and tenant may send notices in electronic form; however, any tenant who so requests may elect to send and receive notices in paper form. If electronic delivery is used, the sender shall retain sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery.
B. In the case of the landlord, notice is served on the landlord at his place of business where the rental agreement was made or at any place held out by the landlord as the place for receipt of the communication.In the case of the tenant, notice is served at the tenant’s last known place of residence, which may be the dwelling unit.
Source Link - 8 Va. Code § 55.1-1226(B)
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Where there is more than one tenant subject to a rental agreement, unless otherwise agreed to in writing by each of the tenants, disposition of the security deposit shall be made with one check being payable to all such tenants and sent to a forwarding address provided by one of the tenants. The landlord shall make the security deposit disposition within the 45-day time period required by subsection A, but if no forwarding address is provided to the landlord, the landlord may continue to hold such security deposit in escrow. If a tenant fails to provide a forwarding address to the landlord to enable the landlord to make a refund of the security deposit, upon the expiration of one year from the date of the end of the 45-day time period, the landlord may remit such sum to the State Treasurer as unclaimed property on a form prescribed by the administrator that includes the name; social security number, if known; and last known address of each tenant on the rental agreement. If the landlord or managing agent is a real estate licensee, compliance with this subsection shall be deemed compliance with § 54.1-2108 and corresponding regulations of the Real Estate Board.
Source Link - 9 Va. Code § 16.1-122.2
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Notwithstanding any provision of law to the contrary, the small claims court shall have jurisdiction, concurrent with that of the general district court, over the civil action specified in § 16.1-77(1) when the amount claimed does not exceed $5,000, exclusive of interest.
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