Security Deposit Not Returned in Virginia: What Can I Do?
Virginia law sets rules for how your landlord must handle your security deposit after you move out. It explains the return deadline, what your landlord can take out of your deposit, and what you can do if the rules are broken.
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Write down the date you moved out and returned your keys. Give your landlord your forwarding address in writing, and keep a copy for your own records.
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Your landlord must send you a written list of any money taken out of your deposit within 45 days, with each item explained. This 45-day clock starts from whichever date is later, the day your lease ends or the day you move out. Your landlord must send any money owed to you within that same 45 days.
✓ Sources checked September 29, 2026
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Your landlord can use your deposit to pay rent you owe, including a late fee if your lease allows it. Your landlord can also use your deposit for damage to the home beyond reasonable wear and tear (ordinary aging from everyday use). Your landlord can also use your deposit for other costs listed in your lease, or for money you owe from breaking your lease early.
✓ Sources checked September 29, 2026
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If you move out before your lease ends, or without proper notice, you may owe money for breaking the lease early. Your landlord must still send you the 45-day written list of money taken out. Your landlord can keep enough of your deposit to cover what you owe.
✓ Sources checked September 29, 2026
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If you shared your lease with roommates, your landlord sends one refund check made out to all of you. Your landlord sends it to one forwarding address given by any one of you, unless you all agreed in writing to split it differently.
✓ Sources checked September 29, 2026
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Your landlord can hold back part of your deposit for an unpaid utility (water, sewer, or similar) bill. Your landlord can only do this after giving you written notice first. Once that bill is paid, your landlord must confirm it in writing within 10 days and send you any money still owed.
✓ Sources checked September 29, 2026
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If your landlord takes money out of your deposit while you live in the home, your landlord must tell you in writing within 30 days. Your landlord does not have to notify you if this happens less than 30 days before your lease ends.
✓ Sources checked September 29, 2026
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If your landlord willfully (on purpose, not by mistake) breaks these deposit rules, a court can order your landlord to return your deposit. A court can order your landlord to pay you money for what you lost, and for your lawyer's fees. If you owe your landlord rent, a court can instead count your deposit toward that rent. You get this money only if you win your case and your landlord pays.
✓ Sources checked September 29, 2026
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If damage costs more than your deposit and needs an outside repair company, your landlord must tell you in writing within the 45-day window. After that, your landlord has 15 more days to send you the full list of damage and repair costs.
✓ Sources checked September 29, 2026
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Your landlord must keep records of money taken out of deposits for 2 years. You or your lawyer can ask to see your own records at any time during normal business hours.
✓ Sources checked September 29, 2026
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If your landlord finds more damage after already sending your deposit paperwork, your landlord can still ask you to pay for it. You can use a copy of the landlord's move-out inspection report to show the damage was not there when you moved out.
✓ Sources checked September 29, 2026
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