How do I dispute a security deposit return in Virginia?

Virginia's VRLTA (Va. Code §§ 55.1-1200 et seq.) covers most residential rentals; older single-family arrangements may fall under common-law rules but most owners opt into VRLTA.

1. Deposit Cap

Maximum deposit is 2 months' rent (§ 55.1-1226(A)).

2. 45-Day Return Rule

Within 45 days after termination and delivery of possession, the landlord must provide an itemized statement of deductions and refund any balance (§ 55.1-1226(A)).

3. Move-Out Inspection Rights

The tenant has the right to be present at the move-out inspection if requested in writing. The landlord must give reasonable advance notice (§ 55.1-1226(C)).

4. Allowed vs. Prohibited Deductions

Permitted: unpaid rent, water/sewer/utility charges, late fees, damages beyond ordinary wear and tear, reasonable cleaning costs. Prohibited: ordinary wear and tear, repainting after long tenancies, normal cleaning.

5. No Statutory Multiplier; Attorney's Fees Recoverable

Virginia does not impose a 2x/3x penalty for wrongful retention. However, the prevailing party in any VRLTA action may recover reasonable attorney's fees (§ 55.1-1245(D)). This makes litigation viable even on smaller disputes.

6. Demand Letter & Small Claims

Send a written demand by certified mail. Then file in general district court small claims division (up to $5,000) or general civil docket (up to $25,000). The statute of limitations is 5 years for written contracts (§ 8.01-246).

This is legal information, not legal advice.