Two months' rent. The return rule is 45 days. The controlling text is Va. Code § 55.1-1226.
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Virginia's deposit ceiling
Two months' rent.
Virginia's return deadline
45 days.
You have 45 days after the tenancy ends to return the deposit with an itemized statement of any deductions. If you use part of the deposit during the tenancy for a nonpayment, you must notify the tenant in writing.
The itemized statement rule
A written itemized accounting of deductions is required within 45 days, and the tenant has the right to be present at the move-out inspection if they request it. Document each line against the move-in report.
Where the deposit must be held
Virginia sets no separate-account requirement, but you must keep records of deductions and provide them, and a written move-in report is the baseline for later deductions.
Exposure for wrongful withholding
Actual damages plus attorney fees.
A landlord who fails to comply can be liable for the amount wrongfully withheld plus, at the court's discretion, damages and attorney fees. The 45-day accounting and the move-in report are the two things that keep a deduction defensible.
Compare Virginia with neighboring states
- Maryland: one month's rent; return rule: 45 days.
- District of Columbia: one month's rent; return rule: 45 days.
- North Carolina: two months' rent; return rule: 30 days.
- Tennessee: no statutory limit; return rule: no fixed statutory deadline.
- Kentucky: no statutory limit; return rule: 30 to 60 days.
- West Virginia: no statutory limit; return rule: 60 days.
Verified against Va. Code § 55.1-1226 and official state sources in July 2026. Before withholding money, check the current statute text or ask a local landlord-tenant attorney. General information, not legal advice.