Virginia Security Deposit: A Practical Guide for Tenants and Landlords

If you’re renting in Virginia, the security deposit is one of the first things you’ll hear about. It feels like a big chunk of cash, but the rules are pretty straightforward. Knowing what’s allowed, how the money must be handled, and when you can expect it back can save you headaches later.

How Much Can a Landlord Charge?

Virginia law doesn’t set a hard cap on the amount, but most landlords ask for one month’s rent. Some will ask for two months if the lease says so, especially for furnished units or short‑term rentals. The key is that the amount must be reasonable for the property and clearly written in the lease.

How Must a Landlord Hold the Deposit?

Landlords can keep the deposit in a regular bank account, a separate escrow account, or a trust account. They cannot simply pocket the cash. If they choose a bank account, the tenant has the right to ask for a written receipt showing the deposit amount and where it’s stored.

Some landlords also choose to place the deposit in a Virginia‑licensed money market fund. Whatever the method, the tenant can request proof of where the money is held. This transparency helps avoid disputes about missing funds.

When you move out, what happens? The landlord has 45 days to return the deposit, minus any lawful deductions. Deductions can include unpaid rent, damage beyond normal wear and tear, or fees the lease specifically allowed (like a lock‑change fee). The landlord must provide an itemized list of deductions and any remaining balance.

If the landlord fails to return the deposit on time or doesn’t give a proper accounting, they could be liable for double the amount of the deposit plus court costs. That’s why many tenants ask for a walk‑through before moving out, so both sides agree on the condition of the unit.

Tips for Tenants

  • Document the property’s condition on move‑in day with photos or a video. Share a copy with your landlord.
  • Keep receipts for any repairs you do yourself, like fixing a cracked tile, to prove you weren’t responsible for the damage.
  • Request a written receipt for the deposit and note the account details if the landlord uses a separate account.
  • Ask for a written move‑out checklist so you know exactly what the landlord expects.

Tips for Landlords

  • Use a clearly labeled escrow or trust account to avoid the appearance of mishandling funds.
  • Provide a written receipt that shows the deposit amount, date received, and where it’s held.
  • Conduct a move‑in inspection with the tenant present and note any existing issues.
  • When you deduct money, be specific. List each repair, its cost, and attach any invoices or receipts.

Both parties benefit from clear communication and written records. A solid lease agreement that outlines the deposit amount, handling method, and return timeline can prevent most disputes.

Bottom line: Virginia doesn’t limit the deposit amount, but it does require landlords to handle it responsibly and return it within 45 days after you move out. Keep good records, ask questions early, and you’ll likely get your money back without drama.

New Virginia Rental Laws Explained: What Tenants and Landlords Need to Know
Rent & Lease

New Virginia Rental Laws Explained: What Tenants and Landlords Need to Know

A clear, 2025‑focused guide to Virginia's new rental laws, covering security deposits, rent caps, eviction rules, habitability standards, landlord registration and practical steps for both tenants and landlords.