{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1226.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1226.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1226.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1226.html"}],"law_id":55889,"edition_id":1,"section_id":55889,"structure_id":14444,"section_number":"55.1-1226","catch_line":"Security deposits","history":"2000, cc. 760, 761, \u00a7 55-248.15:1; 2001, c. 524; 2003, c. 438; 2007, c. 634; 2010, c. 550; 2013, c. 563; 2014, c. 651; 2015, c. 596; 2017, c. 730; 2018, c. 221; 2019, c. 712; 2020, cc. 384, 823, 998; 2021, Sp. Sess. I, c. 427; 2023, cc. 433, 434.","full_text":"A\n\nNo landlord may demand or receive a security deposit, however denominated, in an amount or value in excess of two months&#8217; periodic rent. Upon termination of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last, such security deposit, whether it is property or money held by the landlord as security as provided in this section, may be applied by the landlord solely to (i) the payment of accrued rent, including the reasonable charges for late payment of rent specified in the rental agreement; (ii) the payment of the amount of damages that the landlord has suffered by reason of the tenant&#8217;s noncompliance with &#xA7; 55.1-1227, less reasonable wear and tear; (iii) other damages or charges as provided in the rental agreement; or (iv) actual damages for breach of the rental agreement pursuant to &#xA7; 55.1-1251. The security deposit and any deductions, damages, and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due to the tenant, within 45 days after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last. As of the date of the termination of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last, the tenant shall be required to deliver possession of the dwelling unit to the landlord. If the termination date is prior to the expiration of the rental agreement or any renewal thereof, or the tenant has not given proper notice of termination of the rental agreement, the tenant shall be liable for actual damages pursuant to &#xA7; 55.1-1251, in which case, the landlord shall give written notice of security deposit disposition within the 45-day period but may retain any security balance to apply against any financial obligations of the tenant to the landlord pursuant to this chapter or the rental agreement. If the tenant fails to vacate the dwelling unit as of the termination of the tenancy, the landlord may file an unlawful detainer action pursuant to &#xA7; 8.01-126.B\n\nWhere there is more than one tenant subject to a rental agreement, unless otherwise agreed to in writing by each of the tenants, disposition of the security deposit shall be made with one check being payable to all such tenants and sent to a forwarding address provided by one of the tenants. The landlord shall make the security deposit disposition within the 45-day time period required by subsection A, but if no forwarding address is provided to the landlord, the landlord may continue to hold such security deposit in escrow. If a tenant fails to provide a forwarding address to the landlord to enable the landlord to make a refund of the security deposit, upon the expiration of one year from the date of the end of the 45-day time period, the landlord may remit such sum to the State Treasurer as unclaimed property on a form prescribed by the administrator that includes the name; social security number, if known; and last known address of each tenant on the rental agreement. If the landlord or managing agent is a real estate licensee, compliance with this subsection shall be deemed compliance with &#xA7; 54.1-2108 and corresponding regulations of the Real Estate Board.C\n\nNothing in this section shall be construed by a court of law or otherwise as entitling the tenant, upon the termination of the tenancy, to an immediate credit against the tenant&#8217;s delinquent rent account in the amount of the security deposit. The landlord shall apply the security deposit in accordance with this section within the 45-day time period required by subsection A. However, provided that the landlord has given prior written notice in accordance with this section, the landlord may withhold a reasonable portion of the security deposit to cover an amount of the balance due on the water, sewer, or other utility account that is an obligation of the tenant to a third-party provider under the rental agreement for the dwelling unit, and upon payment of such obligations the landlord shall provide written confirmation to the tenant within 10 days, along with payment to the tenant of any balance otherwise due to the tenant. In order to withhold such funds as part of the disposition of the security deposit, the landlord shall have so advised the tenant of his rights and obligations under this section in (i) a termination notice to the tenant in accordance with this chapter, (ii) a written notice to the tenant confirming the vacating date in accordance with this section, or (iii) a separate written notice to the tenant at least 15 days prior to the disposition of the security deposit. Any written notice to the tenant shall be given in accordance with &#xA7; 55.1-1202.\n\t\t\tThe tenant may provide the landlord with written confirmation of the payment of the final water, sewer, or other utility bill for the dwelling unit, in which case the landlord shall refund the security deposit, unless there are other authorized deductions, within the 45-day period required by subsection A. If the tenant provides such written confirmation after the expiration of the 45-day period, the landlord shall refund any remaining balance of the security deposit held to the tenant within 10 days following the receipt of such written confirmation provided by the tenant. If the landlord otherwise receives confirmation of payment of the final water, sewer, or other utility bill for the dwelling unit, the landlord shall refund the security deposit, unless there are other authorized deductions, within the 45-day period.D\n\nNothing in this section shall be construed to prohibit the landlord from making the disposition of the security deposit prior to the 45-day period required by subsection A and charging an administrative fee to the tenant for such expedited processing, if the rental agreement so provides and the tenant requests expedited processing in a separate written document.E\n\nThe landlord shall notify the tenant in writing of any deductions provided by this section to be made from the tenant&#8217;s security deposit during the course of the tenancy. Such notification shall be made within 30 days of the date of the determination of the deduction and shall itemize the reasons in the same manner as provided in subsection F. No such notification shall be required for deductions made less than 30 days prior to the termination of the rental agreement. If the landlord willfully fails to comply with this section, the court shall order the return of the security deposit to the tenant, together with actual damages and reasonable attorney fees, unless the tenant owes rent to the landlord, in which case the court shall order an amount equal to the security deposit credited against the rent due to the landlord. In the event that damages to the premises exceed the amount of the security deposit and require the services of a third-party contractor, the landlord shall give written notice to the tenant advising him of that fact within the 45-day period required by subsection A. If notice is given as prescribed in this subsection, the landlord shall have an additional 15-day period to provide an itemization of the damages and the cost of repair. This section shall not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter. The holder of the landlord&#8217;s interest in the premises at the time of the termination of the tenancy, regardless of how the interest is acquired or transferred, is bound by this section and shall be required to return any security deposit received by the original landlord that is duly owed to the tenant, whether or not such security deposit is transferred with the landlord&#8217;s interest by law or equity, regardless of any contractual agreements between the original landlord and his successors in interest.F\n\nThe landlord shall:1\n\nMaintain and itemize records for each tenant of all deductions from security deposits provided for under this section that the landlord has made by reason of a tenant&#8217;s noncompliance with &#xA7; 55.1-1227, or for any other reason set out in this section, during the preceding two years; and2\n\nPermit a tenant or his authorized agent or attorney to inspect such tenant&#8217;s records of deductions at any time during normal business hours.G\n\nUpon request by the landlord to a tenant to vacate, or within five days after receipt of notice by the landlord of the tenant&#8217;s intent to vacate, the landlord shall provide written notice to the tenant of the tenant&#8217;s right to be present at the landlord&#8217;s inspection of the dwelling unit for the purpose of determining the amount of security deposit to be returned. If the tenant desires to be present when the landlord makes the inspection, he shall, in writing, so advise the landlord, who in turn shall notify the tenant of the date and time of the inspection, which must be made within 72 hours of delivery of possession. Following the move-out inspection, the landlord shall provide the tenant with a written security deposit disposition statement, including an itemized list of damages. If additional damages are discovered by the landlord after the security deposit disposition has been made, nothing in this section shall be construed to preclude the landlord from recovery of such damages against the tenant, provided, however, that the tenant may present into evidence a copy of the move-out report to support the tenant&#8217;s position that such additional damages did not exist at the time of the move-out inspection.H\n\nIf the tenant has any assignee or sublessee, the landlord shall be entitled to hold a security deposit from only one party in compliance with the provisions of this section.I\n\nThe landlord may permit a tenant to provide damage insurance coverage in lieu of the payment of a security deposit. Such damage insurance in lieu of a security deposit shall conform to the following criteria:1\n\nThe provider of damage insurance is licensed or approved by the Virginia State Corporation Commission;2\n\nThe coverage is effective upon the payment of the first premium and remains effective for the entire lease term;3\n\nThe coverage provided per claim is no less than the amount the landlord requires for security deposits;4\n\nThe provider of damage insurance agrees to approve or deny payment of a claim; and5\n\nThe provider of damage insurance shall notify the landlord within 10 days if the damage policy lapses or is canceled.J\n\nA tenant who initially opts to provide damage insurance in lieu of a security deposit may, at any time without consent of the landlord, opt to pay the full security deposit to the landlord in lieu of maintaining a damage insurance policy. The landlord shall not alter the terms of the lease in the event a tenant opts to pay the full amount of the security deposit pursuant to this subsection.","order_by":null,"text":{"0":{"id":204716,"text":"No landlord may demand or receive a security deposit, however denominated, in an amount or value in excess of two months&#8217; periodic rent. Upon termination of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last, such security deposit, whether it is property or money held by the landlord as security as provided in this section, may be applied by the landlord solely to (i) the payment of accrued rent, including the reasonable charges for late payment of rent specified in the rental agreement; (ii) the payment of the amount of damages that the landlord has suffered by reason of the tenant&#8217;s noncompliance with &#xA7; 55.1-1227, less reasonable wear and tear; (iii) other damages or charges as provided in the rental agreement; or (iv) actual damages for breach of the rental agreement pursuant to &#xA7; 55.1-1251. The security deposit and any deductions, damages, and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due to the tenant, within 45 days after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last. As of the date of the termination of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last, the tenant shall be required to deliver possession of the dwelling unit to the landlord. If the termination date is prior to the expiration of the rental agreement or any renewal thereof, or the tenant has not given proper notice of termination of the rental agreement, the tenant shall be liable for actual damages pursuant to &#xA7; 55.1-1251, in which case, the landlord shall give written notice of security deposit disposition within the 45-day period but may retain any security balance to apply against any financial obligations of the tenant to the landlord pursuant to this chapter or the rental agreement. If the tenant fails to vacate the dwelling unit as of the termination of the tenancy, the landlord may file an unlawful detainer action pursuant to &#xA7; 8.01-126.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":204717,"text":"Where there is more than one tenant subject to a rental agreement, unless otherwise agreed to in writing by each of the tenants, disposition of the security deposit shall be made with one check being payable to all such tenants and sent to a forwarding address provided by one of the tenants. The landlord shall make the security deposit disposition within the 45-day time period required by subsection A, but if no forwarding address is provided to the landlord, the landlord may continue to hold such security deposit in escrow. If a tenant fails to provide a forwarding address to the landlord to enable the landlord to make a refund of the security deposit, upon the expiration of one year from the date of the end of the 45-day time period, the landlord may remit such sum to the State Treasurer as unclaimed property on a form prescribed by the administrator that includes the name; social security number, if known; and last known address of each tenant on the rental agreement. If the landlord or managing agent is a real estate licensee, compliance with this subsection shall be deemed compliance with &#xA7; 54.1-2108 and corresponding regulations of the Real Estate Board.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":204718,"text":"Nothing in this section shall be construed by a court of law or otherwise as entitling the tenant, upon the termination of the tenancy, to an immediate credit against the tenant&#8217;s delinquent rent account in the amount of the security deposit. The landlord shall apply the security deposit in accordance with this section within the 45-day time period required by subsection A. However, provided that the landlord has given prior written notice in accordance with this section, the landlord may withhold a reasonable portion of the security deposit to cover an amount of the balance due on the water, sewer, or other utility account that is an obligation of the tenant to a third-party provider under the rental agreement for the dwelling unit, and upon payment of such obligations the landlord shall provide written confirmation to the tenant within 10 days, along with payment to the tenant of any balance otherwise due to the tenant. In order to withhold such funds as part of the disposition of the security deposit, the landlord shall have so advised the tenant of his rights and obligations under this section in (i) a termination notice to the tenant in accordance with this chapter, (ii) a written notice to the tenant confirming the vacating date in accordance with this section, or (iii) a separate written notice to the tenant at least 15 days prior to the disposition of the security deposit. Any written notice to the tenant shall be given in accordance with &#xA7; 55.1-1202.\n\t\t\tThe tenant may provide the landlord with written confirmation of the payment of the final water, sewer, or other utility bill for the dwelling unit, in which case the landlord shall refund the security deposit, unless there are other authorized deductions, within the 45-day period required by subsection A. If the tenant provides such written confirmation after the expiration of the 45-day period, the landlord shall refund any remaining balance of the security deposit held to the tenant within 10 days following the receipt of such written confirmation provided by the tenant. If the landlord otherwise receives confirmation of payment of the final water, sewer, or other utility bill for the dwelling unit, the landlord shall refund the security deposit, unless there are other authorized deductions, within the 45-day period.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":204719,"text":"Nothing in this section shall be construed to prohibit the landlord from making the disposition of the security deposit prior to the 45-day period required by subsection A and charging an administrative fee to the tenant for such expedited processing, if the rental agreement so provides and the tenant requests expedited processing in a separate written document.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":204720,"text":"The landlord shall notify the tenant in writing of any deductions provided by this section to be made from the tenant&#8217;s security deposit during the course of the tenancy. Such notification shall be made within 30 days of the date of the determination of the deduction and shall itemize the reasons in the same manner as provided in subsection F. No such notification shall be required for deductions made less than 30 days prior to the termination of the rental agreement. If the landlord willfully fails to comply with this section, the court shall order the return of the security deposit to the tenant, together with actual damages and reasonable attorney fees, unless the tenant owes rent to the landlord, in which case the court shall order an amount equal to the security deposit credited against the rent due to the landlord. In the event that damages to the premises exceed the amount of the security deposit and require the services of a third-party contractor, the landlord shall give written notice to the tenant advising him of that fact within the 45-day period required by subsection A. If notice is given as prescribed in this subsection, the landlord shall have an additional 15-day period to provide an itemization of the damages and the cost of repair. This section shall not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter. The holder of the landlord&#8217;s interest in the premises at the time of the termination of the tenancy, regardless of how the interest is acquired or transferred, is bound by this section and shall be required to return any security deposit received by the original landlord that is duly owed to the tenant, whether or not such security deposit is transferred with the landlord&#8217;s interest by law or equity, regardless of any contractual agreements between the original landlord and his successors in interest.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":204721,"text":"The landlord shall:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"6":{"id":204722,"text":"Maintain and itemize records for each tenant of all deductions from security deposits provided for under this section that the landlord has made by reason of a tenant&#8217;s noncompliance with &#xA7; 55.1-1227, or for any other reason set out in this section, during the preceding two years; and","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"7":{"id":204723,"text":"Permit a tenant or his authorized agent or attorney to inspect such tenant&#8217;s records of deductions at any time during normal business hours.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"G"},"8":{"id":204724,"text":"Upon request by the landlord to a tenant to vacate, or within five days after receipt of notice by the landlord of the tenant&#8217;s intent to vacate, the landlord shall provide written notice to the tenant of the tenant&#8217;s right to be present at the landlord&#8217;s inspection of the dwelling unit for the purpose of determining the amount of security deposit to be returned. If the tenant desires to be present when the landlord makes the inspection, he shall, in writing, so advise the landlord, who in turn shall notify the tenant of the date and time of the inspection, which must be made within 72 hours of delivery of possession. Following the move-out inspection, the landlord shall provide the tenant with a written security deposit disposition statement, including an itemized list of damages. If additional damages are discovered by the landlord after the security deposit disposition has been made, nothing in this section shall be construed to preclude the landlord from recovery of such damages against the tenant, provided, however, that the tenant may present into evidence a copy of the move-out report to support the tenant&#8217;s position that such additional damages did not exist at the time of the move-out inspection.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F2","next_prefix":"H"},"9":{"id":204725,"text":"If the tenant has any assignee or sublessee, the landlord shall be entitled to hold a security deposit from only one party in compliance with the provisions of this section.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"10":{"id":204726,"text":"The landlord may permit a tenant to provide damage insurance coverage in lieu of the payment of a security deposit. Such damage insurance in lieu of a security deposit shall conform to the following criteria:","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"I1"},"11":{"id":204727,"text":"The provider of damage insurance is licensed or approved by the Virginia State Corporation Commission;","type":"section","prefixes":["I","1"],"prefix":"1","entire_prefix":"I1","prefix_anchor":"I1","level":2,"prior_prefix":"I","next_prefix":"I2"},"12":{"id":204728,"text":"The coverage is effective upon the payment of the first premium and remains effective for the entire lease term;","type":"section","prefixes":["I","2"],"prefix":"2","entire_prefix":"I2","prefix_anchor":"I2","level":2,"prior_prefix":"I1","next_prefix":"I3"},"13":{"id":204729,"text":"The coverage provided per claim is no less than the amount the landlord requires for security deposits;","type":"section","prefixes":["I","3"],"prefix":"3","entire_prefix":"I3","prefix_anchor":"I3","level":2,"prior_prefix":"I2","next_prefix":"I4"},"14":{"id":204730,"text":"The provider of damage insurance agrees to approve or deny payment of a claim; and","type":"section","prefixes":["I","4"],"prefix":"4","entire_prefix":"I4","prefix_anchor":"I4","level":2,"prior_prefix":"I3","next_prefix":"I5"},"15":{"id":204731,"text":"The provider of damage insurance shall notify the landlord within 10 days if the damage policy lapses or is canceled.","type":"section","prefixes":["I","5"],"prefix":"5","entire_prefix":"I5","prefix_anchor":"I5","level":2,"prior_prefix":"I4","next_prefix":"J"},"16":{"id":204732,"text":"A tenant who initially opts to provide damage insurance in lieu of a security deposit may, at any time without consent of the landlord, opt to pay the full security deposit to the landlord in lieu of maintaining a damage insurance policy. The landlord shall not alter the terms of the lease in the event a tenant opts to pay the full amount of the security deposit pursuant to this subsection.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I5"}},"ancestry":[{"id":14444,"edition_id":1,"name":"Landlord Obligations","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":14100,"metadata":{},"date_created":"2026-06-26 03:48:10","date_modified":"2026-06-26 03:48:10","permalink":{"id":245957,"object_type":"structure","relational_id":14444,"identifier":"2","token":"55.1\/III\/12\/2","url":"\/55.1\/III\/12\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14100,"edition_id":1,"name":"Virginia Residential Landlord and Tenant Act","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":13073,"metadata":{},"date_created":"2026-06-26 03:46:53","date_modified":"2026-06-26 03:46:53","permalink":{"id":245885,"object_type":"structure","relational_id":14100,"identifier":"12","token":"55.1\/III\/12","url":"\/55.1\/III\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13073,"edition_id":1,"name":"Rental Conveyances","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":245883,"object_type":"structure","relational_id":13073,"identifier":"III","token":"55.1\/III","url":"\/55.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63685,"structure_id":14444,"section_number":"55.1-1214","catch_line":"Inspection of dwelling unit; report","url":"\/55.1-1214\/","token":"55.1\/III\/12\/2\/55.1-1214","metadata":false},{"id":55818,"structure_id":14444,"section_number":"55.1-1215","catch_line":"Disclosure of mold in dwelling units","url":"\/55.1-1215\/","token":"55.1\/III\/12\/2\/55.1-1215","metadata":false},{"id":69542,"structure_id":14444,"section_number":"55.1-1216","catch_line":"Disclosure of sale of premises","url":"\/55.1-1216\/","token":"55.1\/III\/12\/2\/55.1-1216","metadata":false},{"id":83364,"structure_id":14444,"section_number":"55.1-1217","catch_line":"Required disclosures for properties located adjacent to a military air installation; remedy for nondisclosure","url":"\/55.1-1217\/","token":"55.1\/III\/12\/2\/55.1-1217","metadata":false},{"id":74874,"structure_id":14444,"section_number":"55.1-1218","catch_line":"Required disclosures for properties with defective drywall; remedy for nondisclosure","url":"\/55.1-1218\/","token":"55.1\/III\/12\/2\/55.1-1218","metadata":false},{"id":68821,"structure_id":14444,"section_number":"55.1-1219","catch_line":"Required disclosures for property previously used to manufacture methamphetamine; remedy for nondisclosure","url":"\/55.1-1219\/","token":"55.1\/III\/12\/2\/55.1-1219","metadata":false},{"id":74964,"structure_id":14444,"section_number":"55.1-1220","catch_line":"Landlord to maintain fit premises","url":"\/55.1-1220\/","token":"55.1\/III\/12\/2\/55.1-1220","metadata":false},{"id":62652,"structure_id":14444,"section_number":"55.1-1221","catch_line":"Landlord to provide locks and peepholes","url":"\/55.1-1221\/","token":"55.1\/III\/12\/2\/55.1-1221","metadata":false},{"id":74610,"structure_id":14444,"section_number":"55.1-1222","catch_line":"Access of tenant to cable, satellite, and other television facilities","url":"\/55.1-1222\/","token":"55.1\/III\/12\/2\/55.1-1222","metadata":false},{"id":62503,"structure_id":14444,"section_number":"55.1-1223","catch_line":"Notice to tenants for insecticide or pesticide use","url":"\/55.1-1223\/","token":"55.1\/III\/12\/2\/55.1-1223","metadata":false},{"id":84720,"structure_id":14444,"section_number":"55.1-1224","catch_line":"Limitation of liability","url":"\/55.1-1224\/","token":"55.1\/III\/12\/2\/55.1-1224","metadata":false},{"id":56454,"structure_id":14444,"section_number":"55.1-1225","catch_line":"Tenancy at will; effect of notice of change of terms or provisions of tenancy","url":"\/55.1-1225\/","token":"55.1\/III\/12\/2\/55.1-1225","metadata":false},{"id":55889,"structure_id":14444,"section_number":"55.1-1226","catch_line":"Security deposits","url":"\/55.1-1226\/","token":"55.1\/III\/12\/2\/55.1-1226","metadata":false}],"previous_section":{"id":56454,"structure_id":14444,"section_number":"55.1-1225","catch_line":"Tenancy at will; effect of notice of change of terms or provisions of tenancy","url":"\/55.1-1225\/","token":"55.1\/III\/12\/2\/55.1-1225","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1226\/","history_text":"<p>This law was first created in 2000. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0760\">760<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0761\">761<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 12 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0524\">524<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0438\">438<\/a>; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0634\">634<\/a>; in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0550\">550<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0563\">563<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0651\">651<\/a>; in 2015, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0596\">596<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0730\">730<\/a>; in 2018, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0221\">221<\/a>; in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0712\">712<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0384\">384<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0823\">823<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0998\">998<\/a>; in 2023, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0433\">433<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0434\">434<\/a>.<\/p>","references":[{"id":84339,"section_number":"55.1-1234","catch_line":"Noncompliance by landlord","order_by":null,"url":"\/55.1-1234\/"},{"id":69167,"section_number":"55.1-1240","catch_line":"Fire or casualty damage","order_by":null,"url":"\/55.1-1240\/"},{"id":86328,"section_number":"55.1-1251","catch_line":"Remedy after termination","order_by":null,"url":"\/55.1-1251\/"},{"id":69130,"section_number":"55.1-1254","catch_line":"Disposal of property abandoned by tenants","order_by":null,"url":"\/55.1-1254\/"},{"id":80063,"section_number":"55.1-1255","catch_line":"Authority of sheriffs to store and sell personal property removed from residential premises; recovery of possession by owner; disposition or sale","order_by":null,"url":"\/55.1-1255\/"},{"id":77211,"section_number":"55.1-1302","catch_line":"Term of rental agreement; renewal; security deposits","order_by":null,"url":"\/55.1-1302\/"},{"id":85946,"section_number":"55.1-1311","catch_line":"Other provisions of law applicable","order_by":null,"url":"\/55.1-1311\/"}],"refers_to":[{"id":86701,"section_number":"54.1-2108","catch_line":"Protection of escrow funds, etc., held by broker","order_by":null,"url":"\/54.1-2108\/"},{"id":69095,"section_number":"55.1-1202","catch_line":"Notice","order_by":null,"url":"\/55.1-1202\/"},{"id":63220,"section_number":"55.1-1227","catch_line":"Tenant to maintain dwelling unit","order_by":null,"url":"\/55.1-1227\/"},{"id":86328,"section_number":"55.1-1251","catch_line":"Remedy after termination","order_by":null,"url":"\/55.1-1251\/"}],"permalink":{"id":246007,"object_type":"law","relational_id":55889,"identifier":"55.1-1226","token":"55.1\/III\/12\/2\/55.1-1226","url":"\/55.1-1226\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1226\/","token":"55.1\/III\/12\/2\/55.1-1226","dublin_core":{"Title":"Security deposits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1226","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> No <span class=\"dictionary\">landlord<\/span> may demand or receive a <span class=\"dictionary\">security deposit<\/span>, however denominated, in an amount or value in excess of two months&#8217; periodic <span class=\"dictionary\">rent<\/span>. Upon termination of the tenancy or the date the <span class=\"dictionary\">tenant<\/span> vacates the <span class=\"dictionary\">dwelling unit<\/span>, whichever occurs last, such <span class=\"dictionary\">security deposit<\/span>, whether it is property or money held by the <span class=\"dictionary\">landlord<\/span> as security as provided in this section, may be applied by the <span class=\"dictionary\">landlord<\/span> solely to (i) the payment of accrued <span class=\"dictionary\">rent<\/span>, including the reasonable charges for late payment of <span class=\"dictionary\">rent<\/span> specified in the <span class=\"dictionary\">rental agreement<\/span>; (ii) the payment of the amount of <span class=\"dictionary\">damages<\/span> that the <span class=\"dictionary\">landlord<\/span> has suffered by reason of the <span class=\"dictionary\">tenant<\/span>&#8217;s noncompliance with &#xA7; <a class=\"law\" title=\"Tenant to maintain dwelling unit\" href=\"\/55.1-1227\/\">55.1-1227<\/a>, less reasonable wear and tear; (iii) other <span class=\"dictionary\">damages<\/span> or charges as provided in the <span class=\"dictionary\">rental agreement<\/span>; or (iv) actual <span class=\"dictionary\">damages<\/span> for breach of the <span class=\"dictionary\">rental agreement<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Remedy after termination\" href=\"\/55.1-1251\/\">55.1-1251<\/a>. The <span class=\"dictionary\">security deposit<\/span> and any deductions, <span class=\"dictionary\">damages<\/span>, and charges shall be itemized by the <span class=\"dictionary\">landlord<\/span> in a <span class=\"dictionary\">written notice<\/span> given to the <span class=\"dictionary\">tenant<\/span>, together with any amount due to the <span class=\"dictionary\">tenant<\/span>, within 45 days after the termination date of the tenancy or the date the <span class=\"dictionary\">tenant<\/span> vacates the <span class=\"dictionary\">dwelling unit<\/span>, whichever occurs last. As of the date of the termination of the tenancy or the date the <span class=\"dictionary\">tenant<\/span> vacates the <span class=\"dictionary\">dwelling unit<\/span>, whichever occurs last, the <span class=\"dictionary\">tenant<\/span> shall be required to deliver <span class=\"dictionary\">possession<\/span> of the <span class=\"dictionary\">dwelling unit<\/span> to the <span class=\"dictionary\">landlord<\/span>. If the termination date is prior to the expiration of the <span class=\"dictionary\">rental agreement<\/span> or any renewal thereof, or the <span class=\"dictionary\">tenant<\/span> has not given proper notice of termination of the <span class=\"dictionary\">rental agreement<\/span>, the <span class=\"dictionary\">tenant<\/span> shall be liable for actual <span class=\"dictionary\">damages<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Remedy after termination\" href=\"\/55.1-1251\/\">55.1-1251<\/a>, in which case, the <span class=\"dictionary\">landlord<\/span> shall give <span class=\"dictionary\">written notice<\/span> of <span class=\"dictionary\">security deposit<\/span> <span class=\"dictionary\">disposition<\/span> within the 45-day period but may retain any security balance to apply against any financial obligations of the <span class=\"dictionary\">tenant<\/span> to the <span class=\"dictionary\">landlord<\/span> pursuant to this chapter or the <span class=\"dictionary\">rental agreement<\/span>. If the <span class=\"dictionary\">tenant<\/span> fails to vacate the <span class=\"dictionary\">dwelling unit<\/span> as of the termination of the tenancy, the <span class=\"dictionary\">landlord<\/span> may file an <span class=\"dictionary\">unlawful detainer action<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court\" href=\"\/8.01-126\/\">8.01-126<\/a>. <a id=\"paragraph-204716\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1226\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Where there is more than one <span class=\"dictionary\">tenant<\/span> subject to a <span class=\"dictionary\">rental agreement<\/span>, unless otherwise agreed to in writing by each of the <span class=\"dictionary\">tenants<\/span>, <span class=\"dictionary\">disposition<\/span> of the <span class=\"dictionary\">security deposit<\/span> shall be made with one check being payable to all such <span class=\"dictionary\">tenants<\/span> and sent to a forwarding address provided by one of the <span class=\"dictionary\">tenants<\/span>. The <span class=\"dictionary\">landlord<\/span> shall make the <span class=\"dictionary\">security deposit<\/span> <span class=\"dictionary\">disposition<\/span> within the 45-day time period required by subsection A, but if no forwarding address is provided to the <span class=\"dictionary\">landlord<\/span>, the <span class=\"dictionary\">landlord<\/span> may continue to hold such <span class=\"dictionary\">security deposit<\/span> in escrow. If a <span class=\"dictionary\">tenant<\/span> fails to provide a forwarding address to the <span class=\"dictionary\">landlord<\/span> to enable the <span class=\"dictionary\">landlord<\/span> to make a refund of the <span class=\"dictionary\">security deposit<\/span>, upon the expiration of one year from the date of the end of the 45-day time period, the <span class=\"dictionary\">landlord<\/span> may remit such sum to the State Treasurer as unclaimed property on a form prescribed by the administrator that includes the name; social security number, if known; and last known address of each <span class=\"dictionary\">tenant<\/span> on the <span class=\"dictionary\">rental agreement<\/span>. If the <span class=\"dictionary\">landlord<\/span> or <span class=\"dictionary\">managing agent<\/span> is a real estate licensee, compliance with this subsection shall be deemed compliance with &#xA7; <a class=\"law\" title=\"Protection of escrow funds, etc., held by broker\" href=\"\/54.1-2108\/\">54.1-2108<\/a> and corresponding regulations of the Real Estate Board. <a id=\"paragraph-204717\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1226\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Nothing in this section shall be construed by a <span class=\"dictionary\">court<\/span> of <span class=\"dictionary\">law<\/span> or otherwise as entitling the <span class=\"dictionary\">tenant<\/span>, upon the termination of the tenancy, to an immediate credit against the <span class=\"dictionary\">tenant<\/span>&#8217;s delinquent <span class=\"dictionary\">rent<\/span> account in the amount of the <span class=\"dictionary\">security deposit<\/span>. The <span class=\"dictionary\">landlord<\/span> shall apply the <span class=\"dictionary\">security deposit<\/span> in accordance with this section within the 45-day time period required by subsection A. However, provided that the <span class=\"dictionary\">landlord<\/span> has given prior <span class=\"dictionary\">written notice<\/span> in accordance with this section, the <span class=\"dictionary\">landlord<\/span> may withhold a reasonable portion of the <span class=\"dictionary\">security deposit<\/span> to cover an amount of the balance due on the water, sewer, or other <span class=\"dictionary\">utility<\/span> account that is an obligation of the <span class=\"dictionary\">tenant<\/span> to a third-<span class=\"dictionary\">party<\/span> provider under the <span class=\"dictionary\">rental agreement<\/span> for the <span class=\"dictionary\">dwelling unit<\/span>, and upon payment of such obligations the <span class=\"dictionary\">landlord<\/span> shall provide written confirmation to the <span class=\"dictionary\">tenant<\/span> within 10 days, along with payment to the <span class=\"dictionary\">tenant<\/span> of any balance otherwise due to the <span class=\"dictionary\">tenant<\/span>. In <span class=\"dictionary\">order<\/span> to withhold such funds as part of the <span class=\"dictionary\">disposition<\/span> of the <span class=\"dictionary\">security deposit<\/span>, the <span class=\"dictionary\">landlord<\/span> shall have so advised the <span class=\"dictionary\">tenant<\/span> of his rights and obligations under this section in (i) a termination notice to the <span class=\"dictionary\">tenant<\/span> in accordance with this chapter, (ii) a <span class=\"dictionary\">written notice<\/span> to the <span class=\"dictionary\">tenant<\/span> confirming the vacating date in accordance with this section, or (iii) a separate <span class=\"dictionary\">written notice<\/span> to the <span class=\"dictionary\">tenant<\/span> at least 15 days prior to the <span class=\"dictionary\">disposition<\/span> of the <span class=\"dictionary\">security deposit<\/span>. Any <span class=\"dictionary\">written notice<\/span> to the <span class=\"dictionary\">tenant<\/span> shall be given in accordance with &#xA7; <a class=\"law\" title=\"Notice\" href=\"\/55.1-1202\/\">55.1-1202<\/a>.\n\t\t\tThe <span class=\"dictionary\">tenant<\/span> may provide the <span class=\"dictionary\">landlord<\/span> with written confirmation of the payment of the final water, sewer, or other <span class=\"dictionary\">utility<\/span> bill for the <span class=\"dictionary\">dwelling unit<\/span>, in which case the <span class=\"dictionary\">landlord<\/span> shall refund the <span class=\"dictionary\">security deposit<\/span>, unless there are other authorized deductions, within the 45-day period required by subsection A. If the <span class=\"dictionary\">tenant<\/span> provides such written confirmation after the expiration of the 45-day period, the <span class=\"dictionary\">landlord<\/span> shall refund any remaining balance of the <span class=\"dictionary\">security deposit<\/span> held to the <span class=\"dictionary\">tenant<\/span> within 10 days following the receipt of such written confirmation provided by the <span class=\"dictionary\">tenant<\/span>. If the <span class=\"dictionary\">landlord<\/span> otherwise receives confirmation of payment of the final water, sewer, or other <span class=\"dictionary\">utility<\/span> bill for the <span class=\"dictionary\">dwelling unit<\/span>, the <span class=\"dictionary\">landlord<\/span> shall refund the <span class=\"dictionary\">security deposit<\/span>, unless there are other authorized deductions, within the 45-day period. <a id=\"paragraph-204718\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1226\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Nothing in this section shall be construed to prohibit the <span class=\"dictionary\">landlord<\/span> from making the <span class=\"dictionary\">disposition<\/span> of the <span class=\"dictionary\">security deposit<\/span> prior to the 45-day period required by subsection A and charging an administrative fee to the <span class=\"dictionary\">tenant<\/span> for such expedited processing, if the <span class=\"dictionary\">rental agreement<\/span> so provides and the <span class=\"dictionary\">tenant<\/span> requests expedited processing in a separate written document. <a id=\"paragraph-204719\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1226\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The <span class=\"dictionary\">landlord<\/span> shall notify the <span class=\"dictionary\">tenant<\/span> in writing of any deductions provided by this section to be made from the <span class=\"dictionary\">tenant<\/span>&#8217;s <span class=\"dictionary\">security deposit<\/span> during the course of the tenancy. Such notification shall be made within 30 days of the date of the determination of the deduction and shall itemize the reasons in the same manner as provided in subsection F. No such notification shall be required for deductions made less than 30 days prior to the termination of the <span class=\"dictionary\">rental agreement<\/span>. If the <span class=\"dictionary\">landlord<\/span> willfully fails to comply with this section, the <span class=\"dictionary\">court<\/span> shall <span class=\"dictionary\">order<\/span> the return of the <span class=\"dictionary\">security deposit<\/span> to the <span class=\"dictionary\">tenant<\/span>, together with actual <span class=\"dictionary\">damages<\/span> and reasonable attorney fees, unless the <span class=\"dictionary\">tenant<\/span> owes <span class=\"dictionary\">rent<\/span> to the <span class=\"dictionary\">landlord<\/span>, in which case the <span class=\"dictionary\">court<\/span> shall <span class=\"dictionary\">order<\/span> an amount equal to the <span class=\"dictionary\">security deposit<\/span> credited against the <span class=\"dictionary\">rent<\/span> due to the <span class=\"dictionary\">landlord<\/span>. In the event that <span class=\"dictionary\">damages<\/span> to the <span class=\"dictionary\">premises<\/span> exceed the amount of the <span class=\"dictionary\">security deposit<\/span> and require the services of a third-<span class=\"dictionary\">party<\/span> contractor, the <span class=\"dictionary\">landlord<\/span> shall give <span class=\"dictionary\">written notice<\/span> to the <span class=\"dictionary\">tenant<\/span> advising him of that <span class=\"dictionary\">fact<\/span> within the 45-day period required by subsection A. If notice is given as prescribed in this subsection, the <span class=\"dictionary\">landlord<\/span> shall have an additional 15-day period to provide an itemization of the <span class=\"dictionary\">damages<\/span> and the cost of repair. This section shall not preclude the <span class=\"dictionary\">landlord<\/span> or <span class=\"dictionary\">tenant<\/span> from recovering other <span class=\"dictionary\">damages<\/span> to which he may be entitled under this chapter. The holder of the <span class=\"dictionary\">landlord<\/span>&#8217;s interest in the <span class=\"dictionary\">premises<\/span> at the time of the termination of the tenancy, regardless of how the interest is acquired or transferred, is bound by this section and shall be required to return any <span class=\"dictionary\">security deposit<\/span> received by the original <span class=\"dictionary\">landlord<\/span> that is duly owed to the <span class=\"dictionary\">tenant<\/span>, whether or not such <span class=\"dictionary\">security deposit<\/span> is transferred with the <span class=\"dictionary\">landlord<\/span>&#8217;s interest by <span class=\"dictionary\">law<\/span> or <span class=\"dictionary\">equity<\/span>, regardless of any contractual agreements between the original <span class=\"dictionary\">landlord<\/span> and his successors in interest. <a id=\"paragraph-204720\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1226\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> The <span class=\"dictionary\">landlord<\/span> shall: <a id=\"paragraph-204721\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1226\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Maintain and itemize records for each <span class=\"dictionary\">tenant<\/span> of all deductions from <span class=\"dictionary\">security deposits<\/span> provided for under this section that the <span class=\"dictionary\">landlord<\/span> has made by reason of a <span class=\"dictionary\">tenant<\/span>&#8217;s noncompliance with &#xA7; <a class=\"law\" title=\"Tenant to maintain dwelling unit\" href=\"\/55.1-1227\/\">55.1-1227<\/a>, or for any other reason set out in this section, during the preceding two years; and <a id=\"paragraph-204722\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1226\/#F1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Permit a <span class=\"dictionary\">tenant<\/span> or his authorized agent or attorney to inspect such <span class=\"dictionary\">tenant<\/span>&#8217;s records of deductions at any time during normal business hours. <a id=\"paragraph-204723\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1226\/#F2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> Upon request by the <span class=\"dictionary\">landlord<\/span> to a <span class=\"dictionary\">tenant<\/span> to vacate, or within five days after receipt of notice by the <span class=\"dictionary\">landlord<\/span> of the <span class=\"dictionary\">tenant<\/span>&#8217;s <span class=\"dictionary\">intent<\/span> to vacate, the <span class=\"dictionary\">landlord<\/span> shall provide <span class=\"dictionary\">written notice<\/span> to the <span class=\"dictionary\">tenant<\/span> of the <span class=\"dictionary\">tenant<\/span>&#8217;s right to be present at the <span class=\"dictionary\">landlord<\/span>&#8217;s inspection of the <span class=\"dictionary\">dwelling unit<\/span> for the purpose of determining the amount of <span class=\"dictionary\">security deposit<\/span> to be returned. If the <span class=\"dictionary\">tenant<\/span> desires to be present when the <span class=\"dictionary\">landlord<\/span> makes the inspection, he shall, in writing, so advise the <span class=\"dictionary\">landlord<\/span>, who in turn shall notify the <span class=\"dictionary\">tenant<\/span> of the date and time of the inspection, which must be made within 72 hours of delivery of <span class=\"dictionary\">possession<\/span>. Following the move-out inspection, the <span class=\"dictionary\">landlord<\/span> shall provide the <span class=\"dictionary\">tenant<\/span> with a written <span class=\"dictionary\">security deposit<\/span> <span class=\"dictionary\">disposition<\/span> statement, including an itemized list of <span class=\"dictionary\">damages<\/span>. If additional <span class=\"dictionary\">damages<\/span> are discovered by the <span class=\"dictionary\">landlord<\/span> after the <span class=\"dictionary\">security deposit<\/span> <span class=\"dictionary\">disposition<\/span> has been made, nothing in this section shall be construed to preclude the <span class=\"dictionary\">landlord<\/span> from recovery of such <span class=\"dictionary\">damages<\/span> against the <span class=\"dictionary\">tenant<\/span>, provided, however, that the <span class=\"dictionary\">tenant<\/span> may present into <span class=\"dictionary\">evidence<\/span> a copy of the move-out report to support the <span class=\"dictionary\">tenant<\/span>&#8217;s position that such additional <span class=\"dictionary\">damages<\/span> did not exist at the time of the move-out inspection. <a id=\"paragraph-204724\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1226\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> If the <span class=\"dictionary\">tenant<\/span> has any assignee or sublessee, the <span class=\"dictionary\">landlord<\/span> shall be entitled to hold a <span class=\"dictionary\">security deposit<\/span> from only one <span class=\"dictionary\">party<\/span> in compliance with the provisions of this section. <a id=\"paragraph-204725\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1226\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I\"><p><span class=\"prefix-number\">I.<\/span> The <span class=\"dictionary\">landlord<\/span> may permit a <span class=\"dictionary\">tenant<\/span> to provide <span class=\"dictionary\">damage insurance<\/span> coverage in lieu of the payment of a <span class=\"dictionary\">security deposit<\/span>. Such <span class=\"dictionary\">damage insurance<\/span> in lieu of a <span class=\"dictionary\">security deposit<\/span> shall conform to the following criteria: <a id=\"paragraph-204726\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1226\/#I\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The provider of <span class=\"dictionary\">damage insurance<\/span> is licensed or approved by the Virginia State Corporation Commission; <a id=\"paragraph-204727\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1226\/#I1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The coverage is effective upon the payment of the first premium and remains effective for the entire lease term; <a id=\"paragraph-204728\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1226\/#I2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The coverage provided per claim is no less than the amount the <span class=\"dictionary\">landlord<\/span> requires for <span class=\"dictionary\">security deposits<\/span>; <a id=\"paragraph-204729\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1226\/#I3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The provider of <span class=\"dictionary\">damage insurance<\/span> agrees to approve or deny payment of a claim; and <a id=\"paragraph-204730\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1226\/#I4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> The provider of <span class=\"dictionary\">damage insurance<\/span> shall notify the <span class=\"dictionary\">landlord<\/span> within 10 days if the damage policy lapses or is canceled. <a id=\"paragraph-204731\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1226\/#I5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"J\"><p><span class=\"prefix-number\">J.<\/span> A <span class=\"dictionary\">tenant<\/span> who initially opts to provide <span class=\"dictionary\">damage insurance<\/span> in lieu of a <span class=\"dictionary\">security deposit<\/span> may, at any time without consent of the <span class=\"dictionary\">landlord<\/span>, opt to pay the full <span class=\"dictionary\">security deposit<\/span> to the <span class=\"dictionary\">landlord<\/span> in lieu of maintaining a <span class=\"dictionary\">damage insurance<\/span> policy. The <span class=\"dictionary\">landlord<\/span> shall not alter the terms of the lease in the event a <span class=\"dictionary\">tenant<\/span> opts to pay the full amount of the <span class=\"dictionary\">security deposit<\/span> pursuant to this subsection. <a id=\"paragraph-204732\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1226\/#J\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSECURITY DEPOSITS (\u00a7 55.1-1226)\n\nA. No landlord may demand or receive a security deposit, however denominated, in\nan amount or value in excess of two months&#8217; periodic rent. Upon\ntermination of the tenancy or the date the tenant vacates the dwelling unit,\nwhichever occurs last, such security deposit, whether it is property or money\nheld by the landlord as security as provided in this section, may be applied by\nthe landlord solely to (i) the payment of accrued rent, including the reasonable\ncharges for late payment of rent specified in the rental agreement; (ii) the\npayment of the amount of damages that the landlord has suffered by reason of the\ntenant&#8217;s noncompliance with &#xA7; 55.1-1227, less reasonable wear and\ntear; (iii) other damages or charges as provided in the rental agreement; or\n(iv) actual damages for breach of the rental agreement pursuant to &#xA7;\n55.1-1251. The security deposit and any deductions, damages, and charges shall\nbe itemized by the landlord in a written notice given to the tenant, together\nwith any amount due to the tenant, within 45 days after the termination date of\nthe tenancy or the date the tenant vacates the dwelling unit, whichever occurs\nlast. As of the date of the termination of the tenancy or the date the tenant\nvacates the dwelling unit, whichever occurs last, the tenant shall be required\nto deliver possession of the dwelling unit to the landlord. If the termination\ndate is prior to the expiration of the rental agreement or any renewal thereof,\nor the tenant has not given proper notice of termination of the rental\nagreement, the tenant shall be liable for actual damages pursuant to &#xA7;\n55.1-1251, in which case, the landlord shall give written notice of security\ndeposit disposition within the 45-day period but may retain any security balance\nto apply against any financial obligations of the tenant to the landlord\npursuant to this chapter or the rental agreement. If the tenant fails to vacate\nthe dwelling unit as of the termination of the tenancy, the landlord may file an\nunlawful detainer action pursuant to &#xA7; 8.01-126.\n\nB. Where there is more than one tenant subject to a rental agreement, unless\notherwise agreed to in writing by each of the tenants, disposition of the\nsecurity deposit shall be made with one check being payable to all such tenants\nand sent to a forwarding address provided by one of the tenants. The landlord\nshall make the security deposit disposition within the 45-day time period\nrequired by subsection A, but if no forwarding address is provided to the\nlandlord, the landlord may continue to hold such security deposit in escrow. If\na tenant fails to provide a forwarding address to the landlord to enable the\nlandlord to make a refund of the security deposit, upon the expiration of one\nyear from the date of the end of the 45-day time period, the landlord may remit\nsuch sum to the State Treasurer as unclaimed property on a form prescribed by\nthe administrator that includes the name; social security number, if known; and\nlast known address of each tenant on the rental agreement. If the landlord or\nmanaging agent is a real estate licensee, compliance with this subsection shall\nbe deemed compliance with &#xA7; 54.1-2108 and corresponding regulations of the\nReal Estate Board.\n\nC. Nothing in this section shall be construed by a court of law or otherwise as\nentitling the tenant, upon the termination of the tenancy, to an immediate\ncredit against the tenant&#8217;s delinquent rent account in the amount of the\nsecurity deposit. The landlord shall apply the security deposit in accordance\nwith this section within the 45-day time period required by subsection A.\nHowever, provided that the landlord has given prior written notice in accordance\nwith this section, the landlord may withhold a reasonable portion of the\nsecurity deposit to cover an amount of the balance due on the water, sewer, or\nother utility account that is an obligation of the tenant to a third-party\nprovider under the rental agreement for the dwelling unit, and upon payment of\nsuch obligations the landlord shall provide written confirmation to the tenant\nwithin 10 days, along with payment to the tenant of any balance otherwise due to\nthe tenant. In order to withhold such funds as part of the disposition of the\nsecurity deposit, the landlord shall have so advised the tenant of his rights\nand obligations under this section in (i) a termination notice to the tenant in\naccordance with this chapter, (ii) a written notice to the tenant confirming the\nvacating date in accordance with this section, or (iii) a separate written\nnotice to the tenant at least 15 days prior to the disposition of the security\ndeposit. Any written notice to the tenant shall be given in accordance with\n&#xA7; 55.1-1202.\n\t\t\tThe tenant may provide the landlord with written confirmation of the payment\nof the final water, sewer, or other utility bill for the dwelling unit, in which\ncase the landlord shall refund the security deposit, unless there are other\nauthorized deductions, within the 45-day period required by subsection A. If the\ntenant provides such written confirmation after the expiration of the 45-day\nperiod, the landlord shall refund any remaining balance of the security deposit\nheld to the tenant within 10 days following the receipt of such written\nconfirmation provided by the tenant. If the landlord otherwise receives\nconfirmation of payment of the final water, sewer, or other utility bill for the\ndwelling unit, the landlord shall refund the security deposit, unless there are\nother authorized deductions, within the 45-day period.\n\nD. Nothing in this section shall be construed to prohibit the landlord from\nmaking the disposition of the security deposit prior to the 45-day period\nrequired by subsection A and charging an administrative fee to the tenant for\nsuch expedited processing, if the rental agreement so provides and the tenant\nrequests expedited processing in a separate written document.\n\nE. The landlord shall notify the tenant in writing of any deductions provided by\nthis section to be made from the tenant&#8217;s security deposit during the\ncourse of the tenancy. Such notification shall be made within 30 days of the\ndate of the determination of the deduction and shall itemize the reasons in the\nsame manner as provided in subsection F. No such notification shall be required\nfor deductions made less than 30 days prior to the termination of the rental\nagreement. If the landlord willfully fails to comply with this section, the\ncourt shall order the return of the security deposit to the tenant, together\nwith actual damages and reasonable attorney fees, unless the tenant owes rent to\nthe landlord, in which case the court shall order an amount equal to the\nsecurity deposit credited against the rent due to the landlord. In the event\nthat damages to the premises exceed the amount of the security deposit and\nrequire the services of a third-party contractor, the landlord shall give\nwritten notice to the tenant advising him of that fact within the 45-day period\nrequired by subsection A. If notice is given as prescribed in this subsection,\nthe landlord shall have an additional 15-day period to provide an itemization of\nthe damages and the cost of repair. This section shall not preclude the landlord\nor tenant from recovering other damages to which he may be entitled under this\nchapter. The holder of the landlord&#8217;s interest in the premises at the time\nof the termination of the tenancy, regardless of how the interest is acquired or\ntransferred, is bound by this section and shall be required to return any\nsecurity deposit received by the original landlord that is duly owed to the\ntenant, whether or not such security deposit is transferred with the\nlandlord&#8217;s interest by law or equity, regardless of any contractual\nagreements between the original landlord and his successors in interest.\n\nF. The landlord shall:\n\n   1. Maintain and itemize records for each tenant of all deductions from\n   security deposits provided for under this section that the landlord has made\n   by reason of a tenant&#8217;s noncompliance with &#xA7; 55.1-1227, or for any\n   other reason set out in this section, during the preceding two years; and\n\n   2. Permit a tenant or his authorized agent or attorney to inspect such\n   tenant&#8217;s records of deductions at any time during normal business hours.\n\nG. Upon request by the landlord to a tenant to vacate, or within five days after\nreceipt of notice by the landlord of the tenant&#8217;s intent to vacate, the\nlandlord shall provide written notice to the tenant of the tenant&#8217;s right\nto be present at the landlord&#8217;s inspection of the dwelling unit for the\npurpose of determining the amount of security deposit to be returned. If the\ntenant desires to be present when the landlord makes the inspection, he shall,\nin writing, so advise the landlord, who in turn shall notify the tenant of the\ndate and time of the inspection, which must be made within 72 hours of delivery\nof possession. Following the move-out inspection, the landlord shall provide the\ntenant with a written security deposit disposition statement, including an\nitemized list of damages. If additional damages are discovered by the landlord\nafter the security deposit disposition has been made, nothing in this section\nshall be construed to preclude the landlord from recovery of such damages\nagainst the tenant, provided, however, that the tenant may present into evidence\na copy of the move-out report to support the tenant&#8217;s position that such\nadditional damages did not exist at the time of the move-out inspection.\n\nH. If the tenant has any assignee or sublessee, the landlord shall be entitled\nto hold a security deposit from only one party in compliance with the provisions\nof this section.\n\nI. The landlord may permit a tenant to provide damage insurance coverage in lieu\nof the payment of a security deposit. Such damage insurance in lieu of a\nsecurity deposit shall conform to the following criteria:\n\n   1. The provider of damage insurance is licensed or approved by the Virginia\n   State Corporation Commission;\n\n   2. The coverage is effective upon the payment of the first premium and remains\n   effective for the entire lease term;\n\n   3. The coverage provided per claim is no less than the amount the landlord\n   requires for security deposits;\n\n   4. The provider of damage insurance agrees to approve or deny payment of a\n   claim; and\n\n   5. The provider of damage insurance shall notify the landlord within 10 days\n   if the damage policy lapses or is canceled.\n\nJ. A tenant who initially opts to provide damage insurance in lieu of a security\ndeposit may, at any time without consent of the landlord, opt to pay the full\nsecurity deposit to the landlord in lieu of maintaining a damage insurance\npolicy. The landlord shall not alter the terms of the lease in the event a\ntenant opts to pay the full amount of the security deposit pursuant to this\nsubsection.\n\nHISTORY: 2000, cc. 760, 761, \u00a7 55-248.15:1; 2001, c. 524; 2003, c. 438; 2007,\nc. 634; 2010, c. 550; 2013, c. 563; 2014, c. 651; 2015, c. 596; 2017, c. 730;\n2018, c. 221; 2019, c. 712; 2020, cc. 384, 823, 998; 2021, Sp. Sess. I, c. 427;\n2023, cc. 433, 434.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}