---
title: "Virginia Landlord Rules: Deposits, Notices, Evictions | MCC"
description: "Virginia landlord-tenant rules: deposit capped at 2 months of rent, deposit returned within 45 days. Official sources linked."
url: "https://mcc-solutionsnj.com/tools/virginia-landlord-rules"
---

Free tool · Virginia · Landlords and tenants

# Virginia landlord rules: deposits, notices and the eviction steps

The deposit rules, notice periods, eviction case and small claims limit for Virginia, each from the state's own pages or courts.

**Quick answer.** Security deposit return deadline in Virginia: 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)). Deposit limit: No more than two months' periodic rent (55.1-1226(A)).

**Sources checked:** November 2026

**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. 23 of 23 items are confirmed on official pages; none are open.

## 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

Filing fee

Varies by county

Time to answer or appear

At the hearing

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.

Need the other side served? [Process serving with an affidavit of service](/notary/process-serving).

- ### 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](https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1226/), checked November 2026
- ### 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](https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1226/), checked November 2026
- ### 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](https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1226/), checked November 2026
- ### ConfirmedInterest on the deposit None stated in Va. Code 55.1-1226. Source: [Code of Virginia (Legislative Information System): 55.1-1226, Security deposits](https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1226/), checked November 2026
- ### 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](https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1226/), checked November 2026
- ### 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](https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1226/), checked November 2026

More: [Security deposit rules by state](/tools/security-deposit-rules-by-state#st-VA) · [Deposit return deadline calculator](/tools/security-deposit-return-deadline-calculator?state=VA)

## 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)](https://law.lis.virginia.gov/vacodefull/title55.1/chapter12/article5/), 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)](https://law.lis.virginia.gov/vacodefull/title55.1/chapter12/article5/), 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). | Sources: [Code of Virginia: Title 55.1, Chapter 12, Article 5 (Landlord remedies)](https://law.lis.virginia.gov/vacodefull/title55.1/chapter12/article5/); [Code of Virginia 55.1-1204](https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1204/), 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)](https://law.lis.virginia.gov/vacodefull/title55.1/chapter12/article5/), 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)](https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1229/), 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](https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1204/), checked November 2026 (Va. Code 55.1-1204(E)) |

More: [Notice periods by state](/tools/landlord-tenant-notice-periods-by-state#st-VA) · [Notice date calculator](/tools/notice-date-calculator?state=VA)

## Eviction case, in order (10 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. #### 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)](https://law.lis.virginia.gov/vacodefull/title8.01/chapter3/article13/), checked November 2026
- #### ConfirmedFiling fee The state court fee for an unlawful detainer is $36 (Va. Code § 16.1-69.48:2); local charges and the sheriff's service fee are added, so the total differs by locality. Prince William County's General District Court lists $50 to file plus $12 per defendant for sheriff service.or other civil proceeding, the fee shall be $36. Source: [Code of Virginia § 16.1-69.48:2, Fees for services of district court judges and clerks and magistrates in civil cases](https://law.lis.virginia.gov/vacode/16.1-69.48:2), checked November 2026

- **The tenant's answer or appearance** #### ConfirmedTime to answer or appear No written answer is required in general; a tenant who disagrees comes to court on the return date on the summons, where the case is tried or a trial date is set. A tenant who doesn't come can have judgment entered against them.come to court on the RETURN DATE to try this case Source: [Virginia Judicial System: Form DC-421, Summons for Unlawful Detainer (rev. 10/24)](https://www.vacourts.gov/forms/district/dc421.pdf), checked November 2026

- **Hearing or trial** #### 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)](https://law.lis.virginia.gov/vacodefull/title8.01/chapter3/article13/), checked November 2026

- **Judgment and the writ** The order that lets the officer act. #### 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)](https://law.lis.virginia.gov/vacodefull/title8.01/chapter3/article13/), checked November 2026

- **Lockout** Carried out by an officer, not by either side. #### 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)](https://law.lis.virginia.gov/vacodefull/title8.01/chapter3/article13/), checked November 2026
- #### 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)](https://law.lis.virginia.gov/vacodefull/title8.01/chapter3/article13/), checked November 2026

- **Along the way** Paying to stop the case, counsel and diversion programs. #### 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)](https://www.vacourts.gov/static/forms/district/dc469.pdf), checked November 2026
- #### ConfirmedRight to counsel (statewide) No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here.An eviction right to counsel is created by an enacted law that, at a minimum: Source: [National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026)](https://civilrighttocounsel.org/wp-content/uploads/2023/11/RTC_Enacted_Legislation_in_Eviction_Proceedings_FINAL.pdf), checked November 2026
- #### ConfirmedDiversion or mediation (statewide) The Eviction Diversion Program (Code § 55.1-1262): in a general district court that runs it, an eligible tenant in a nonpayment case who pays at least 10 percent of the amount due at the first docket call can enter a court-ordered payment plan. The section states no end date.A tenant in an unlawful detainer case shall be eligible to participate in the Program if he: Source: [Code of Virginia § 55.1-1262: Eviction Diversion Program](https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1262/), checked November 2026

The writ must be requested within 180 days of judgment and is vacated if not executed within 30 days of issuance. The summons (DC-421) says a nonpayment case is dismissed if the tenant pays everything owed (rent, fees, attorney fees and costs).

### 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 |
| Answer or appear | Thursday, March 11, 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](/tools/eviction-process-virginia) · [Eviction timeline estimator](/tools/eviction-timeline-estimator?state=va)

## Deposit disputes: small claims

- ### 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)](https://law.lis.virginia.gov/vacodefull/title16.1/chapter6/article5/), checked November 2026

More: [Virginia small claims court](/tools/small-claims-virginia)

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.

[Get the kit, $19](/toolkits/virginia-landlord-compliance-kit)

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?**

Time to answer or appear: At the hearing. 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.

**What does it cost to file an eviction case in Virginia?**

The state court fee for an unlawful detainer is $36 (Va. Code § 16.1-69.48:2); local charges and the sheriff's service fee are added, so the total differs by locality. Prince William County's General District Court lists $50 to file plus $12 per defendant for sheriff service.

Related: [Landlord rules by state](/tools/landlord-rules-by-state) · [Kits for landlords](/toolkits/for/landlords)

## Keep rental records in order

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