Virginia Security Deposit Calculator
Security Deposit Calculator
Starting January 1, 2026, Virginia’s rental laws changed in ways that affect every tenant and landlord in the state. If you’re renting a house, apartment, or basement unit, these updates directly impact your rights, your responsibilities, and your monthly budget. No more guessing what’s allowed. No more vague lease clauses. The state finally clarified the rules - and they’re tougher on landlords, but also clearer for renters.
Security Deposit Limits Are Now Strictly Capped
Before 2026, landlords in Virginia could charge up to two months’ rent as a security deposit. That’s gone. Under the new law, the maximum security deposit is now equal to one month’s rent. No exceptions. No ‘extra fees for pets’ or ‘cleaning surcharges’ hidden in the fine print. If your lease says you paid $1,800 for a $900/month apartment, that’s illegal. You’re entitled to a refund of the overpayment within 45 days of move-in.
Landlords must also return the deposit within 45 days after you move out - not 60, not 90. If they don’t, you can sue for double the amount wrongfully withheld. Courts have already ruled in favor of tenants in Alexandria and Richmond who waited months for their deposits back.
Eviction Notices Must Include Exact Reasons
Virginia used to allow landlords to issue eviction notices with vague reasons like ‘breach of lease’ or ‘at landlord’s convenience.’ That’s no longer legal. As of January 2026, every eviction notice must list a specific, legally recognized reason. Valid reasons now include:
- Nonpayment of rent for 14 days or more
- Repeated violation of lease terms (e.g., unauthorized pets, noise complaints)
- Damage to property beyond normal wear and tear
- Illegal activity on the premises
- Landlord plans to move into the unit (must be in writing and dated)
Landlords can’t evict you for complaining about repairs, reporting code violations, or asking for a reasonable accommodation under the Fair Housing Act. Retaliation is now a civil offense - and tenants can sue for up to $5,000 in damages plus legal fees.
Repairs Can’t Be Ignored - Tenants Can Now Withhold Rent
If your heater breaks in December, your landlord can’t wait three weeks to fix it. Under the new law, if a critical repair (heat, water, electricity, plumbing, or structural safety) isn’t fixed within 14 days of written notice, you have the right to:
- Withhold rent until the issue is resolved
- Pay for the repair yourself and deduct the cost from rent (keep receipts)
- Move out without penalty if the unit becomes uninhabitable
You must send a written notice via certified mail, keep a copy, and give the landlord 14 days to act. If they ignore it, you can file a complaint with the local housing authority. In Norfolk, a tenant recently withheld $1,200 in rent after a broken furnace left the apartment at 52°F for 18 days. The court sided with the tenant.
Lease Renewals Require 60 Days’ Notice
Landlords can no longer surprise tenants with rent hikes or non-renewal notices at the last minute. If your lease is month-to-month, your landlord must give you 60 days’ written notice before raising the rent or ending the tenancy. For fixed-term leases, they must notify you at least 60 days before the lease ends if they plan to change terms or not renew.
This gives renters time to plan. No more getting evicted because your landlord sold the house and didn’t tell you until the day before closing. The law also bans automatic lease renewals unless you’ve signed a new agreement.
Rent Increases Are Limited to 5% Per Year
Virginia now has its first statewide rent control measure - but only for units built before 2010. If you live in an older apartment or house, your rent can’t increase by more than 5% in any 12-month period. This applies even if your lease is up. Newer buildings (built 2010 or later) are exempt.
Landlords can still raise rent above 5% if they make major improvements - like a new roof, HVAC system, or full kitchen remodel - but they must prove the cost with receipts and notify tenants in writing 90 days in advance. The increase must be proportional to the cost. A $20,000 renovation on a $1,000/month unit doesn’t justify a $300 rent hike.
Discrimination Protections Expanded
The state now explicitly bans discrimination based on source of income. Landlords can’t refuse to rent to you because you use Section 8 vouchers, Social Security, disability payments, or child support. This was already illegal under federal law, but Virginia’s new law gives tenants a direct path to file complaints with the Virginia Human Rights Commission - and win.
It also bans discrimination based on criminal history if the conviction is over five years old and not related to violence or drug sales on property. Landlords can still run background checks, but they can’t automatically reject applicants with old, non-violent records.
What Landlords Must Now Provide
Landlords are legally required to give tenants a copy of the state’s Residential Landlord and Tenant Act before signing any lease. It’s no longer enough to hand over a 10-page lease and say ‘read it.’ The state now provides a free, plain-language guide - and landlords must sign a form confirming they gave it to you.
Every rental unit must also have working smoke detectors and carbon monoxide alarms. Landlords must test them at move-in and replace batteries annually. If you find a broken alarm, you can request a replacement in writing - and if they don’t fix it within 10 days, you can buy one yourself and deduct the cost from rent.
What You Should Do Now
If you’re a tenant:
- Review your current lease. Does it say you paid more than one month’s rent as a deposit? Get it refunded.
- Write down all repair requests. Send them by certified mail - keep the receipt.
- Save every rent receipt and communication with your landlord.
- If you’re facing eviction, check if the notice lists a legal reason. If not, contact your local legal aid office.
If you’re a landlord:
- Update your lease forms. Remove any language allowing more than one month’s deposit.
- Start using the state’s official move-in checklist - it’s free on the Virginia Attorney General’s website.
- Don’t ignore repair requests. The clock starts ticking the day you get written notice.
- Keep records of all repairs, communications, and rent changes.
The state has launched a free online portal - VirginiaRentalRights.gov - where you can download templates for repair notices, deposit dispute letters, and lease renewal notices. It’s not a lawyer, but it’s the best place to start if you’re unsure what to do next.
Common Myths About the New Laws
Myth: ‘The new laws favor tenants too much - landlords can’t make a profit.’
Truth: The laws don’t cap rent for new construction. They don’t stop landlords from raising rent 5% a year. They just stop predatory practices - like charging $3,000 deposits on $1,000 apartments or evicting people for calling 311 about mold.
Myth: ‘I can still evict someone if they’re late on rent once.’
Truth: You must wait 14 full days after rent is due. No warnings. No ‘first time is a free pass.’ But you also can’t evict on day 15 unless you’ve given a written notice.
Myth: ‘I don’t need to give the tenant the state guide - it’s just paperwork.’
Truth: If you don’t provide it, you lose the right to sue for unpaid rent or damages in court. The law is that strict.
Can my landlord raise my rent by 10% next year?
If your rental unit was built before 2010, no - the maximum increase is 5% per year. If it was built in 2010 or later, yes, they can raise it more, but they must give you 60 days’ written notice. Any increase above 5% on older units requires proof of major repairs and must be approved by the local housing authority.
What if my landlord refuses to return my security deposit?
You can file a claim in small claims court for up to double the amount withheld. You must send a written request for the deposit within 45 days of moving out. Keep copies of your move-out inspection form, photos of the unit’s condition, and proof you gave your forwarding address. Courts in Virginia have awarded over $1.2 million in refunds to tenants since January 2026.
Can I break my lease if the apartment has mold?
Yes - if the mold affects your health or makes the unit uninhabitable. You must first send a written notice demanding repair within 14 days. If the landlord doesn’t act, you can legally move out without penalty. You can also withhold rent or pay for professional mold removal and deduct the cost. Document everything with photos and air quality reports if possible.
Do I need a written lease to be protected?
No. Even if you don’t have a written lease, you still have all the rights under the new Virginia rental laws. Verbal agreements are legally binding. But having a written lease makes it easier to prove terms in court. Always get your lease in writing.
Can a landlord refuse to rent to me because I have a pet?
Yes - but only if the pet is not a service animal or emotional support animal under the Fair Housing Act. Landlords can charge a pet deposit (up to one month’s rent total), but they can’t refuse service animals or deny housing because you have a support animal with proper documentation from a licensed provider.
Next Steps for Tenants and Landlords
For tenants: Visit VirginiaRentalRights.gov and download the free checklist. Print it, fill it out when you move in, and keep it with your lease. If something goes wrong, you’ll have proof of what was promised.
For landlords: Audit your current leases. Update your forms. Train your property managers. The state is auditing rental units randomly - and fines for violations start at $500 per offense. Don’t risk it.
These laws aren’t about punishing landlords. They’re about making renting fair. If you’re paying rent, you deserve a safe, stable home - and now, Virginia’s laws finally say that out loud.
