Free Virginia Security Deposit Itemization — overview

A Virginia Security Deposit Itemization is the written notice a landlord gives under Va. Code § 55.1-1226(A) at the end of a tenancy, itemizing the security deposit and any deductions, damages and charges, together with any amount due to the tenant. It is due within 45 days after the termination date of the tenancy or the date the tenant vacates, whichever occurs last. The deposit may be applied only to accrued rent, damages from the tenant’s noncompliance with § 55.1-1227 less reasonable wear and tear, other damages or charges provided in the rental agreement, and actual damages for breach. If the landlord willfully fails to comply, § 55.1-1226(E) requires the court to order the deposit returned with actual damages and reasonable attorney fees. The form on this page produces a complete itemized notice with a built-in deductions calculator; the rest of this guide explains the legal framework, what can and cannot be deducted, and the records that support each line.

What this itemization does

A Virginia Security Deposit Itemization is the written notice a landlord gives a tenant under Va. Code § 55.1-1226(A) when the tenancy ends. The statute says: “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.” It does three jobs at once.

First, it itemizes the deposit and every deduction. A general line such as “cleaning and damages” does not tell the tenant what each charge is for. Each line should identify the item, the amount and the category in § 55.1-1226(A) it falls under, so the tenant — and a court, if it comes to that — can check it against the rental agreement, the move-in report and the move-out inspection.

Second, it delivers the money. The notice goes to the tenant “together with any amount due to the tenant.” Under § 55.1-1226(B), where there is more than one tenant, the refund is made with one check payable to all of them and sent to a forwarding address provided by one tenant, unless each tenant has agreed otherwise in writing.

Third, it meets the deadline: within 45 days after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last. If damages exceed the deposit and require a third-party contractor, § 55.1-1226(E) allows an additional 15 days for the itemization of damages and repair costs — but only if the landlord gives written notice of that fact within the 45 days.

The form on this page produces a complete itemized notice with a built-in deductions calculator, automatic balance computation, the statutory references and a delivery block. The rest of this guide explains the legal framework, what can and cannot be deducted, and the records that make each line defensible.

Virginia legal framework — Va. Code § 55.1-1226

Virginia’s security deposit rules are in the Virginia Residential Landlord and Tenant Act, Title 55.1, Chapter 12 of the Code of Virginia. The central provision is Va. Code § 55.1-1226 (“Security deposits”). Its subsections work together:

The provisions that matter for itemization

§ 55.1-1226(A) — amount, permitted uses and the 45-day notice. No landlord may demand or receive a deposit “in an amount or value in excess of two months’ periodic rent.” At the end of the tenancy the deposit “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’s noncompliance with § 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 § 55.1-1251.” The itemized written notice and any amount due must be given “within 45 days after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last.” Where the tenancy ends early or without proper notice, the landlord still gives written notice of the deposit disposition within the 45 days but “may retain any security balance to apply against any financial obligations of the tenant.”

§ 55.1-1226(B) — multiple tenants and forwarding address. One check payable to all tenants, sent to a forwarding address provided by one of them, unless each tenant agreed otherwise in writing. If no forwarding address is provided, the landlord may hold the deposit in escrow and, one year after the end of the 45-day period, remit it to the State Treasurer as unclaimed property.

§ 55.1-1226(C) — final utility bills. With prior written notice given in the termination notice, a written notice confirming the vacating date, or a separate notice at least 15 days before the disposition, the landlord may withhold a reasonable portion of the deposit to cover the balance of a water, sewer or other utility account that is the tenant’s obligation to a third-party provider, and must provide written confirmation and any balance within 10 days after those bills are paid.

§ 55.1-1226(E) — remedy, contractor extension and successor landlords. 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, in which case an amount equal to the deposit is credited against the rent due. Deductions made during the tenancy must be noticed in writing within 30 days of the determination. The contractor extension described above and the rule that a successor landlord is bound also live here.

§ 55.1-1226(F) — records. The landlord shall “Maintain and itemize records for each tenant of all deductions from security deposits … during the preceding two years” and permit the tenant or the tenant’s agent or attorney to inspect them during normal business hours.

§ 55.1-1226(G) — move-out inspection. On requesting the tenant to vacate, or within five days after receiving the tenant’s notice of intent to vacate, the landlord must give written notice of the tenant’s right to be present at the inspection. If the tenant asks in writing, the landlord sets the date and time, and the inspection “must be made within 72 hours of delivery of possession.” Afterwards the landlord provides a written disposition statement including an itemized list of damages. Our Virginia Move-In/Move-Out Checklist is built to document that inspection.

The tenant duties that define “damages” — § 55.1-1227

Damage deductions under § 55.1-1226(A)(ii) are tied to “the tenant’s noncompliance with § 55.1-1227.” That section requires the tenant to, among other things, keep the part of the unit the tenant occupies as clean and safe as the condition of the premises permits, keep plumbing fixtures as clean as their condition permits, use utilities and appliances in a reasonable manner, prevent moisture accumulation and mold growth with reasonable efforts, and “Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises.”

Notice and fair housing

Under § 55.1-1202(A), landlord and tenant may send notices in electronic form “If the rental agreement so provides,” although any tenant may elect to send and receive notices on paper, and the sender must retain sufficient proof of electronic delivery. Under § 55.1-1202(B), notice to the tenant is served “at the tenant’s last known place of residence, which may be the dwelling unit.” Independent of state law, the federal Fair Housing Act (42 U.S.C. § 3601 et seq.) prohibits discrimination in the terms and conditions of a rental because of race, color, religion, sex, familial status, national origin or disability.

When and how to deliver

The 45-day clock

The period runs from “the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last.” Record both dates — the end date under the lease or notice, and the day the tenant actually moved out and returned the keys — and calendar 45 days from the later one. Finishing early is allowed: under § 55.1-1226(D), the landlord may make the disposition before the 45 days and charge an administrative fee for expedited processing if the rental agreement so provides and the tenant requests it in a separate written document.

The 15-day extension for contractor repairs

If damages to the premises exceed the amount of the deposit and require the services of a third-party contractor, § 55.1-1226(E) requires the landlord to “give written notice to the tenant advising him of that fact within the 45-day period.” If that notice is given, the landlord has “an additional 15-day period to provide an itemization of the damages and the cost of repair.” Without the notice, there is no extension.

Method of delivery

Deliver the notice in a way you can prove. Under § 55.1-1202(B), notice is served on the tenant “at the tenant’s last known place of residence, which may be the dwelling unit.” Mailing with a certificate of mailing or certified mail gives a record; electronic delivery is allowed only “If the rental agreement so provides,” the tenant may insist on paper, and the sender “shall retain sufficient proof of the electronic delivery” (§ 55.1-1202(A)).

Delivery address and multiple tenants

Use a forwarding address the tenant provided. For more than one tenant, § 55.1-1226(B) calls for one check payable to all tenants sent to a forwarding address provided by one of them, unless each tenant agreed otherwise in writing. If no forwarding address is provided, the landlord still makes the disposition within the 45 days, may hold the deposit in escrow, and one year after the end of the 45-day period may remit it to the State Treasurer as unclaimed property.

Damage discovered after the notice is sent

Section 55.1-1226(G) addresses this directly: “If additional damages are discovered by the landlord after the security deposit disposition has been made,” the section does not preclude the landlord from recovering them from the tenant, but “the tenant may present into evidence a copy of the move-out report” to show the damages did not exist at the move-out inspection. The practical lesson is to make the move-out inspection thorough.

What Virginia lets you deduct

Section 55.1-1226(A) says the deposit may be applied “solely” to four things. Every line on the itemization should fit one of them.

1. Accrued rent, including reasonable late charges

Rent that came due and was not paid, “including the reasonable charges for late payment of rent specified in the rental agreement.” Support the line with the rental agreement, the ledger and the due dates.

2. Damages from the tenant’s noncompliance with § 55.1-1227, less reasonable wear and tear

Physical damage the tenant or a guest caused deliberately or negligently, and costs caused by the tenant’s failure to meet the other § 55.1-1227 duties — for example, mold damage traceable to the tenant’s failure to make reasonable efforts to prevent moisture accumulation, or extermination costs § 55.1-1227(A)(14) makes the tenant responsible for. The deduction is taken “less reasonable wear and tear.” The standard is covered in detail in section 5.

3. Other damages or charges provided in the rental agreement

Charges the rental agreement itself provides for — for example, a cleaning or utility charge set out in the lease. Cite the lease clause on the line. Final water, sewer or other utility balances owed to a third-party provider follow the separate notice-and-refund procedure in § 55.1-1226(C).

4. Actual damages for breach under § 55.1-1251

Where the tenant breached the rental agreement (for example, by leaving before the term ended without proper notice), actual damages under § 55.1-1251 may be applied. In that case § 55.1-1226(A) still requires a written notice of the deposit disposition within the 45 days, though the landlord may retain any balance to apply against the tenant’s financial obligations.

What does not fit: reasonable wear and tear; repairs to conditions that existed before the tenancy; the landlord’s routine turnover work such as repainting on a normal cycle; charges that are neither in the rental agreement nor c