How long does a landlord in Virginia have to return a security deposit?
45 calendar days after you move out
In plain terms, the statute says
The remedy turns on a finding of willfulness, not on strict liability: if the landlord willfully fails to comply with the section the court must order the security deposit returned to the tenant together with actual damages and reasonable attorney fees, unless the tenant owes rent, in which case the court instead credits an amount equal to the deposit against the rent due. The section sets no multiple of the amount withheld and no statutory dollar penalty.
Who this covers
Va. Code Ann. § 55.1-1201 applies the Virginia Residential Landlord and Tenant Act to occupancy in all single-family and multifamily dwelling units in the Commonwealth, but subsection (C) removes: residence at a public or private institution incidental to detention or medical, geriatric, educational, counseling, religious or similar services; occupancy by a member of a fraternal or social organization in the part of a structure operated for the organization; occupancy by a condominium owner or a cooperative proprietary lease holder; occupancy in a campground as defined in § 35.1-1; occupancy by a tenant who pays no rent; occupancy by a landlord's employee whose right to occupy is conditioned on employment, or a former employee occupying less than sixty days; occupancy by a purchaser under a contract of sale; and occupancy in a recovery residence as defined in § 37.2-431.1. Transient lodging in hotels, motels and extended-stay facilities is separately carved out by subsection (D).
Read the law yourself
Where are you in this?
Have you moved out?
Questions people ask
How long does a landlord in Virginia have to return a security deposit?
Virginia: 45 calendar days after you move out.
Who does Virginia's security-deposit law cover?
Va. Code Ann. § 55.1-1201 applies the Virginia Residential Landlord and Tenant Act to occupancy in all single-family and multifamily dwelling units in the Commonwealth, but subsection (C) removes: residence at a public or private institution incidental to detention or medical, geriatric, educational, counseling, religious or similar services; occupancy by a member of a fraternal or social organization in the part of a structure operated for the organization; occupancy by a condominium owner or a cooperative proprietary lease holder; occupancy in a campground as defined in § 35.1-1; occupancy by a tenant who pays no rent; occupancy by a landlord's employee whose right to occupy is conditioned on employment, or a former employee occupying less than sixty days; occupancy by a purchaser under a contract of sale; and occupancy in a recovery residence as defined in § 37.2-431.1. Transient lodging in hotels, motels and extended-stay facilities is separately carved out by subsection (D).
What happens if a landlord in Virginia is late?
The remedy turns on a finding of willfulness, not on strict liability: if the landlord willfully fails to comply with the section the court must order the security deposit returned to the tenant together with actual damages and reasonable attorney fees, unless the tenant owes rent, in which case the court instead credits an amount equal to the deposit against the rent due. The section sets no multiple of the amount withheld and no statutory dollar penalty.
Where can I read Virginia's security-deposit law?
Virginia's rule is in Va. Code Ann. § 55.1-1226. The link on this page goes to the official text, so you can read the section yourself rather than take our word for it.
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