’s landlord-tenant laws, a landlord can impose a refundable security deposit of up to two months’ rent. The security deposit charge cannot exceed two months’ rent. When your lease is up and you vacate the property, the landlord will have 45 days to refund your deposit or what is left of it if any damages are taken out of it.

Security deposits are a huge upfront expense for renters, and it’s not always easy to get that money back when your lease is up. It’s important to know your rights as a tenant, but the tenant laws vary from state to state. That’s why it’s important you understand your state’s laws before you sign a lease.

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What is Virginia law on security deposits?

Security deposits in Virginia are refundable when a lease ends under the appropriate terms of the contract. When you make a security deposit, you can usually expect to get the money back as long as you haven’t incurred any damage beyond normal wear and tear or terminated your lease outside of the lease agreement.

In Virginia, the landlord may allow the tenant to purchase damage insurance in lieu of the security deposit. However, the coverage purchased must equal the amount of the specified security deposit.

Section 55.1-1226 of Virginia’s

Civil Code

establishes the rules for security deposits, damage insurance, maximum amounts that can be charged, and deadlines for the return of your deposit.

What is the maximum security deposit a landlord can charge in Virginia?

Landlords in Virginia can charge up to two months’ rent as a security deposit for a rental property.

Because Virginia law allows landlords to accept the purchase of damage insurance in lieu of a security deposit, renters may purchase a policy equivalent to two months’ rent to satisfy this condition. They may also consider a combination of damage insurance and a security deposit, which could bring your initial upfront costs down significantly.

Keep in mind, this cost is on top of your first month’s rent, meaning that you should expect to have the cost of three months rent saved if you are moving into a new apartment or property.

Remember—security deposits must be refundable. If the landlord claims it’s not, proceed with caution and contact a lawyer.

How long does a landlord have to return a security deposit in Virginia?

Once your lease ends—you are not renewing your contract—your landlord will have 45 days after you move out to return your security deposit or a list of any deductions and damages. This gives the landlord time to inspect the apartment for any damage that may have occurred and start repairs if needed.

What can a landlord withhold a security deposit for in Virginia?

When a security deposit is made, it is considered refundable—but not until the termination of the lease and evaluation of the property. Landlords are legally permitted to withhold all or part of your security deposit to cover any:

Unpaid rent or late charges

Unpaid utilities or late charges

Damage to the dwelling that exceeds normal wear and tear

Other damage or charges as listed in the rental agreement

Breach of the rental agreement

So what counts as damage beyond normal wear and tear? To keep it simple, normal wear and tear are expected small tasks that come with managing a property—like painting, cleaning, and repairing small holes in the wall from hanging pictures.

Damage is considered irresponsible neglect of the property. This could include a carpet that needs to be replaced because of pet damage, large holes in the walls, or water damage that went unreported to the landlord.

If your landlord does choose to withhold part of your security deposit, they must give you an itemized list of any deductions within 45 days after your move-out date. A landlord cannot hold your deposit without a written reason for doing so.

Key Takeaway All Virginia security deposits are refundable, but your landlord can withhold all or part of the money if you fail to pay rent, utilities, or cause damage that could have been avoided.

MORE: How to find the best renters insurance

How to get your security deposit back in Virginia

If it has been 45 days since you moved out of your most recent rental property and you still haven’t had your security deposit refunded, you are legally entitled to that money.

First, try contacting your landlord and asking for the security deposit back. Do this in writing via email in case you need to start a documentation trail. It’s possible they simply forgot to mail it to you, but it’s always good to keep records of your communication.

If the landlord is refusing to return your security deposit and has not or will not provide a list of reasons and damages—or if you believe they’ve wrongly withheld all or part of your deposit—you can take them to

small claims court

. This can be stressful, but it may be worth it to recoup your deposit.

MORE:

Penalties for driving without insurance

How to save money on car and renters insurance in Virginia

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Can I use my security deposit as the last month’s rent in Virginia?

No. You’ll have to pay last months’ rent separately and then collect your security deposit after your lease ends. It could take up to 45 days to receive your deposit back so plan to be without that cash for a while.

Can a landlord charge for carpet cleaning in Virginia?

Your landlord can only charge you for a carpet cleaning fee if it is stated in your lease agreement. There may be an additional pet deposit required, and that may cover any carpet cleaning fees determined necessary by the landlord.

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