Sources checked:
Quick answer. Virginia: deposit capped at 2 months of rent; deposit returned within 45 days; 30-day notice to end month-to-month; 14-day notice for unpaid rent; $5,000 small claims limit. 19 of 23 items are confirmed on official pages; 4 are marked not confirmed, with the page to check.
Key numbers
- Deposit limit
- 2 months' rent
- Deposit back within
- 45 days
- Month-to-month notice (landlord)
- 30 days
- Unpaid rent notice
- 14 days
- Entry notice
- Routine maintenance the tenant didn't request: 72 hours
- Judgment to writ
- No wait stated
- Writ to lockout
- 10 days (from judgment)
- Small claims limit
- $5,000
Security deposit (6 of 6 confirmed)
Law read: Va. Code 55.1-1226.
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ConfirmedDeposit limit
No more than two months' periodic rent (55.1-1226(A)).
Source: Code of Virginia (Legislative Information System): 55.1-1226, Security deposits, checked November 2026
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ConfirmedReturn deadline
Within 45 days after the termination date of the tenancy or the date the tenant vacates, whichever is later, with deductions itemized in a written notice; 15 more days to itemize repair costs when a third-party contractor is needed and the tenant is told within the 45 days (55.1-1226(A), (E)).
Source: Code of Virginia (Legislative Information System): 55.1-1226, Security deposits, checked November 2026
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ConfirmedItemized list of deductions
Deductions itemized in a written notice with any refund (55.1-1226(A)); the tenant may ask to attend the move-out inspection, held within 72 hours of delivering possession (55.1-1226(G)). A written move-in inspection report is due within five days after occupancy (55.1-1214(A)).
Source: Code of Virginia (Legislative Information System): 55.1-1226, Security deposits, checked November 2026
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ConfirmedInterest on the deposit
None stated in Va. Code 55.1-1226.
Source: Code of Virginia (Legislative Information System): 55.1-1226, Security deposits, checked November 2026
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ConfirmedWhere the deposit is held
None stated in 55.1-1226 for ordinary deposits; with no forwarding address, the landlord may hold the deposit in escrow (55.1-1226(B)).
Source: Code of Virginia (Legislative Information System): 55.1-1226, Security deposits, checked November 2026
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ConfirmedPenalty the law states
Willful failure to comply: the court orders return of the deposit plus actual damages and reasonable attorney fees (55.1-1226(A)).
Source: Code of Virginia (Legislative Information System): 55.1-1226, Security deposits, checked November 2026
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (6 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | Written notice at least 30 days before the next rent due date. Either side may give it. | Source: Code of Virginia: Title 55.1, Chapter 12, Article 5 (Landlord remedies), checked November 2026 (Va. Code 55.1-1253(A)) |
| Ending month-to-month (tenant) | Written notice at least 30 days before the next rent due date. Either side may give it. | Source: Code of Virginia: Title 55.1, Chapter 12, Article 5 (Landlord remedies), checked November 2026 (Va. Code 55.1-1253(A)) |
| Rent increase notice | Month-to-month or holdover: a new rent in a written notice takes effect no sooner than the next rent due date at least 30 days after the notice. A lease with an option to renew: written notice at least 60 days before the term ends (90 days from July 1, 2027). | Source: Code of Virginia: Title 55.1, Chapter 12, Article 5 (Landlord remedies), checked November 2026 (Va. Code 55.1-1253(D); 55.1-1204(K)) |
| Unpaid rent notice | 14 days after written notice of nonpayment and intent to terminate. | Source: Code of Virginia: Title 55.1, Chapter 12, Article 5 (Landlord remedies), checked November 2026 (Va. Code 55.1-1245(F) (version in effect until July 1, 2027)) |
| Entry notice | The landlord must give notice of intent to enter and may enter only at reasonable times. Routine maintenance the tenant didn't request needs at least 72 hours' notice; maintenance the tenant asked for needs no notice. The landlord may enter without consent in an emergency. | Source: Code of Virginia 55.1-1229 (Access; consent), checked November 2026 (Va. Code 55.1-1229(A)) |
| Late fee limits | Only if the written rental agreement provides for it; no more than the lesser of 10% of the periodic rent or 10% of the remaining balance due. | Source: Code of Virginia 55.1-1204, checked November 2026 (Va. Code 55.1-1204(E)) |
More: Notice periods by state · Notice date calculator
Eviction case, in order (6 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
Unpaid rent: 14 days after written notice of nonpayment and intent to terminate.
- Filing the case Where the case goes and what it costs to start.
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ConfirmedCourt
The general district court; the summons is issued by a magistrate, clerk or judge of that court.
Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court
Source: Code of Virginia, Title 8.01, Chapter 3, Article 13 (Unlawful Entry and Detainer), checked November 2026
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Not confirmedFiling fee
Not confirmed — check Code of Virginia, Title 8.01, Chapter 3, Article 13 (Unlawful Entry and Detainer). Not confirmed on an official page we opened.
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- The tenant's answer or appearance
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Not confirmedTime to answer or appear
Not confirmed — check Code of Virginia, Title 8.01, Chapter 3, Article 13 (Unlawful Entry and Detainer). Not confirmed on an official page we opened.
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- Hearing or trial
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ConfirmedHearing after filing
The summons is served at least 10 days before the return day, and the first hearing is no more than 21 days after filing.
the initial hearing on such summons shall occur as soon as practicable, but not more than 21 days from the date of filing.
Source: Code of Virginia, Title 8.01, Chapter 3, Article 13 (Unlawful Entry and Detainer), checked November 2026
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- Judgment and the writ The order that lets the officer act.
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ConfirmedJudgment to writ
On the landlord's request the judge orders the writ of eviction to issue as soon as judgment is entered.
the judge shall further order that the writ of eviction issue immediately upon entry of judgment for possession.
Source: Code of Virginia, Title 8.01, Chapter 3, Article 13 (Unlawful Entry and Detainer), checked November 2026
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- Lockout Carried out by an officer, not by either side.
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ConfirmedWrit to lockout
The sheriff can't evict before the 10-day appeal period ends, and serves notice at least 72 hours before executing the writ.
In no case, however, shall the sheriff evict the defendant from the dwelling unit prior to the expiration
Source: Code of Virginia, Title 8.01, Chapter 3, Article 13 (Unlawful Entry and Detainer), checked November 2026
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ConfirmedWho carries out the lockout
The sheriff serves notice and executes the writ of eviction.
In no case, however, shall the sheriff evict the defendant from the dwelling unit prior to the expiration
Source: Code of Virginia, Title 8.01, Chapter 3, Article 13 (Unlawful Entry and Detainer), checked November 2026
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- Along the way Paying to stop the case, counsel and diversion programs.
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ConfirmedPaying to stop the case
In a case based only on unpaid rent, the tenant (or someone for the tenant) can pay all amounts on the summons, including the sheriff's fees, to the landlord, the landlord's attorney or the court at least 48 hours before the scheduled eviction.
no less than 48 hours before the date and time scheduled by the sheriff for the eviction
Source: Virginia Judicial System: Form DC-469, Request for Writ of Eviction in Unlawful Detainer Proceedings (07/23), checked November 2026
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Not confirmedRight to counsel (statewide)
Not confirmed — check Code of Virginia, Title 8.01, Chapter 3, Article 13 (Unlawful Entry and Detainer). Not confirmed on an official page we opened.
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Not confirmedDiversion or mediation (statewide)
Not confirmed — check Code of Virginia, Title 8.01, Chapter 3, Article 13 (Unlawful Entry and Detainer). Not confirmed on an official page we opened.
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The writ must be requested within 180 days of judgment and is vacated if not executed within 30 days of issuance.
Example: a case filed Monday, March 1, 2027
The earliest date of each stage the confirmed rules allow, from our eviction timeline estimator. Earliest under the statute; courts' calendars often take longer.
| Stage | Earliest date |
|---|---|
| Case filed | Monday, March 1, 2027 |
| Hearing or trial | Thursday, March 11, 2027 |
| Judgment | Thursday, March 11, 2027 |
| Writ or warrant of possession | Thursday, March 11, 2027 |
| Earliest lockout | Sunday, March 21, 2027 |
More: Virginia eviction process · Eviction timeline estimator
Deposit disputes: small claims
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ConfirmedSmall claims limit (for a deposit dispute)
$5,000: the most a small claims case can ask for.
Va. Code 16.1-122.2 (last amended 2006): small claims court has concurrent jurisdiction with the general district court where the amount claimed does not exceed $5,000, exclusive of interest. Counterclaims are also limited to $5,000 (16.1-122.3). Claims above $5,000 go to general district court.
Source: Code of Virginia Title 16.1, Chapter 6, Article 5 (Small Claims Court), checked November 2026
More: Virginia small claims court
Still to confirm
- Filing fee: check Code of Virginia, Title 8.01, Chapter 3, Article 13 (Unlawful Entry and Detainer)
- Time to answer or appear: check Code of Virginia, Title 8.01, Chapter 3, Article 13 (Unlawful Entry and Detainer)
- Right to counsel (statewide): check Code of Virginia, Title 8.01, Chapter 3, Article 13 (Unlawful Entry and Detainer)
- Diversion or mediation (statewide): check Code of Virginia, Title 8.01, Chapter 3, Article 13 (Unlawful Entry and Detainer)
Virginia kit
Virginia Landlord Compliance Kit
This page as a printable checklist with every source link and check date, a move-in and move-out deposit checklist with the Virginia return deadline, a notice calendar, an eviction timeline sheet, and an Excel workbook with a tenant notice log, a deposit tracker that works out the return date, and a rent ledger.
Kits for any state: Security Deposit Kit for Landlords and Tenants ($15) · Landlord-Tenant Notice Organizer ($15) · Eviction Case File Organizer ($15)
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How much can a security deposit be in Virginia?
No more than two months' periodic rent (55.1-1226(A)).
How long does a Virginia landlord have to return a deposit?
Within 45 days after the termination date of the tenancy or the date the tenant vacates, whichever is later, with deductions itemized in a written notice; 15 more days to itemize repair costs when a third-party contractor is needed and the tenant is told within the 45 days (55.1-1226(A), (E)). What goes with it: Deductions itemized in a written notice with any refund (55.1-1226(A)); the tenant may ask to attend the move-out inspection, held within 72 hours of delivering possession (55.1-1226(G)). A written move-in inspection report is due within five days after occupancy (55.1-1214(A)).
How much notice ends a month-to-month tenancy in Virginia?
From the landlord: Written notice at least 30 days before the next rent due date. Either side may give it. From the tenant: Written notice at least 30 days before the next rent due date. Either side may give it.
What notice comes before an unpaid-rent case in Virginia?
14 days after written notice of nonpayment and intent to terminate.
How much notice before a landlord enters a rental in Virginia?
The landlord must give notice of intent to enter and may enter only at reasonable times. Routine maintenance the tenant didn't request needs at least 72 hours' notice; maintenance the tenant asked for needs no notice. The landlord may enter without consent in an emergency.
How long does an eviction case take in Virginia?
Hearing after filing: 10 to 21 days. Judgment to writ: No wait stated. Writ to lockout: 10 days (from judgment). These are the stated rules; the court's calendar often takes longer.
Can a Virginia deposit dispute go to small claims court?
The small claims limit in our data: $5,000: the most a small claims case can ask for. The court's own page explains what kinds of cases it hears.
Related: Landlord rules by state · Kits for landlords