The two-month cap
Va. Code § 55.1-1226(A) bars a landlord from demanding or receiving a deposit, "however denominated," above two months' periodic rent. The deposit may be applied only to accrued rent and reasonable late charges in the lease, damage caused by your noncompliance with § 55.1-1227 (less reasonable wear and tear), other charges provided in the lease, and actual damages for breach under § 55.1-1251.
The 45-day disposition
The landlord must give you an itemized written notice of the deposit and any deductions, with any amount due, within 45 days after the tenancy ends or you vacate, whichever is later. If several tenants share a lease, the refund is one check payable to all of them unless each agrees otherwise in writing. When damages exceed the deposit and require an outside contractor, the landlord may get 15 more days to itemize, but only after telling you so within the 45 days.
Your right to attend the move-out inspection
Section 55.1-1226(G) is distinctive. When the landlord asks you to vacate, or within five days after receiving your notice that you will leave, it must tell you in writing that you have the right to be present at the inspection. If you want to attend, tell the landlord in writing; the inspection must then happen within 72 hours of delivery of possession, followed by a written disposition statement with an itemized list of damages.
Remedy for willful noncompliance
Virginia has no double or treble multiplier. If the landlord willfully fails to comply, the court shall order the deposit returned with actual damages and reasonable attorney fees; if you owe rent, an equal amount is credited against it. Landlords must keep records of deductions for two years, and you may inspect your records during business hours (§ 55.1-1226(F)). Our calculator uses the 45-day deadline.
Steps to recover a Virginia deposit
- Ask in writing to attend the move-out inspection.
- Leave a forwarding address. Without one, the landlord may hold the deposit and later remit it as unclaimed property.
- Count 45 days from the later of the lease end or move-out.
- Send a demand citing § 55.1-1226. If that fails, file a claim in small claims court.
Neighboring states
North Carolina also caps at two months but requires a 30-day accounting. Pennsylvania cuts the cap to one month after the first year.
Frequently asked questions
How much can a Virginia landlord charge for a deposit?
No more than two months' periodic rent, however the payment is labeled (Va. Code § 55.1-1226(A)).
How long does a Virginia landlord have to return a deposit?
45 days after the tenancy ends or you vacate, whichever is later, with an itemized written notice.
Can I be present at the move-out inspection in Virginia?
Yes. The landlord must tell you of that right, and if you ask in writing, the inspection must happen within 72 hours of delivery of possession (§ 55.1-1226(G)).
Is there a penalty multiplier in Virginia?
No. For willful noncompliance, the court orders the deposit returned plus actual damages and reasonable attorney fees.
Sources
Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.