Most residential landlords require tenants to pay a security deposit to cover any repairs needed when the tenant moves out, or to cover the tenant’s failure to pay the last month's rent.
Laws vary from state to state, but many states have statutes that provide the maximum amount of security deposit a landlord may require for a residential lease and the costs for which the landlord may use the security deposit (cleaning, repairs, unpaid rent) following termination of the lease.
These laws also provide a specific deadline (often 30-60 days) for the landlord to return the tenant’s security deposit following termination of the lease—after deducting any amount properly withheld, as allowed by law.
In Virginia, residential landlords can require tenants to pay a security deposit, which is regulated under the Virginia Residential Landlord and Tenant Act. The maximum amount of security deposit a landlord may require cannot exceed two months' rent. Upon termination of the lease, the landlord is required to return the security deposit, minus any lawful deductions, to the tenant within 45 days. Lawful deductions can include costs for damages beyond normal wear and tear, unpaid rent, and other charges as specified in the lease agreement. If the landlord intends to withhold any portion of the security deposit, they must provide the tenant with an itemized list of damages and the cost of repairs. If the landlord fails to comply with these requirements, the tenant may have legal recourse to recover the deposit.