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Legal & Compliance 5 min

2026 Guide to Security Deposit Laws in Virginia: What Every Landlord Needs to Know

By Century 21 Accent Homes - Friday, November 28, 2025 · Updated

Virginia's security deposit laws have specific requirements that every landlord must follow. Violations can result in penalties, legal liability, and even the forfeiture of the entire deposit. Here's what you need to know for 2026.

Maximum Deposit Amount

Virginia law limits security deposits to two months' rent. This includes any pet deposits or additional security deposits. If your monthly rent is $2,000, the maximum total security deposit is $4,000.

Holding Requirements

Virginia's statute is quieter here than many landlords assume. Va. Code § 55.1-1226 does not tell a self-managing landlord where to hold the deposit, does not require interest to be paid on it, and does not require disclosing a bank name to the tenant. The real holding rules apply to licensed firms: when a real estate brokerage manages the property, Real Estate Board regulations require deposits to be held in a dedicated escrow account. Either way, keeping deposit money separate from operating funds is the practice that keeps you able to return it on time.

One statutory duty many landlords miss: if you deduct from the deposit during the tenancy (not just at move-out), you must give the tenant written notice of the deduction within 30 days of determining it.

Return Timeline

Under §55.1-1226(A), give the tenant written itemization of the deposit and deductions together with any amount due within 45 days after the later of tenancy termination or the date the tenant vacates. An itemized statement is not a substitute for returning a balance owed. Statutory exceptions address matters such as specified utility balances and contractor work; document the applicable notice and deadline rather than assuming every deduction extends the period. Willful noncompliance can result in statutory remedies, including damages and attorney fees.

Allowable Deductions

Landlords may deduct for unpaid rent, damages beyond normal wear and tear, and other lease violations. Normal wear and tear — such as minor scuff marks, faded paint, or worn carpet — cannot be deducted.

Move-Out Inspections

Section 55.1-1226(G) requires written notice of the tenant's right to attend the deposit inspection when the landlord requests that the tenant vacate, or within five days after receiving the tenant's notice of intent to vacate. If the tenant requests attendance in writing, notify them of the date and time. The inspection must be within 72 hours of delivery of possession. Provide the required disposition statement and document the condition against the move-in report; follow the separate final-accounting deadline above.

Professional Management Advantage

Professional property managers handle security deposit compliance as part of their standard operations — proper escrow accounts, documented inspections, timely returns, and legally compliant itemized statements. This protects you from costly mistakes.

Contact Century 21 Accent Homes to learn how professional management protects your investment.

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Century 21 Accent Homes

Family-owned property management company serving Northern Virginia since 1972. NARPM member, NVAR member, and National Association of Realtors® member with over 50 years of experience managing residential rental properties.

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