Short answer: In Virginia, your landlord's policy doesn't cover your belongings or your liability. Under Va. Code §55.1-1226, a landlord can't demand or receive a security deposit of more than two months' periodic rent. After the tenancy ends or you move out, whichever is later, the landlord must give you a written notice within 45 days that itemizes the deposit and any deductions, with any amount due to you. Reasonable wear and tear can't be charged as damage.
This guide is general information for Virginia renters. It isn't legal advice, and local ordinances can add rules. Your lease and policy wording control.
Your landlord's policy covers the building, not your belongings or liability. A renters policy (HO-4) covers personal property, personal liability and loss of use; flood is generally excluded (see FloodSmart). Coverage basics: renters insurance. Roommates: whether renters insurance covers roommates. Liability: how much renters liability coverage you need.
Step 1: Deposit cap
Under Va. Code §55.1-1226, a landlord may not demand or receive a security deposit, however it's named, greater than two months' periodic rent.
Step 2: The 45-day itemized notice
- The deposit may be applied only to accrued rent (including reasonable late charges in the lease), damages from your noncompliance less reasonable wear and tear, other charges in the rental agreement, and actual damages for breach.
- The landlord must itemize the deposit and any deductions in a written notice, with any amount due to you, within 45 days after the tenancy ends or you vacate, whichever is later.
- If there's more than one tenant, unless you all agree otherwise in writing, the refund goes out as one check payable to all tenants, sent to a forwarding address provided by one of you.
Step 3: Remedies
If the landlord willfully fails to comply, the court orders the deposit returned with actual damages and reasonable attorney fees, unless you owe rent, in which case the deposit is credited against the rent due.
Step 4: Coastal storms
Hampton Roads and coastal Virginia face hurricanes and tidal flooding. Renters insurance typically covers your belongings for wind damage, but flood is generally excluded; renters can buy NFIP contents coverage through FloodSmart.
Questions? Contact Alishahi Insurance or call (877) 711-4545. See insurance in Virginia.
Frequently asked questions
What's the maximum security deposit in Virginia?
Two months' periodic rent, under Va. Code §55.1-1226.
How long does a Virginia landlord have to return my deposit?
45 days after the tenancy ends or you vacate, whichever is later, with an itemized written notice.
Can a Virginia landlord charge for normal wear and tear?
No. Damage deductions are less reasonable wear and tear.
How is a deposit refunded to Virginia roommates?
Unless all tenants agree otherwise in writing, by one check payable to all tenants, sent to a forwarding address provided by one of them.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. This isn't legal, tax or financial advice or a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.