Security deposits play an important role in the landlord-tenant relationship, as these exchanges provide assurance for both property owners and tenants alike. In Virginia, it’s essential for both landlords and tenants to understand what can and cannot be charged against a security deposit.
This article aims to shed light on what sort of expenses can be charged against a security deposit in Virginia. This way, all involved parties can be aware of their rights and responsibilities.
Virginia Security Deposit Laws
When it comes to renting a home, a security deposit refers to a sum of money given to a landlord as proof of a tenant’s intent to live in and take care of the unit in question. These deposits also serve as a security measure, as they can be used to cover damages done to the property during the tenant’s stay.
In the state of Virginia, several laws apply concerning security deposits, their applications, and their limitations. For example, Virginia law declares that landlords cannot charge the tenant a security deposit that equals more than two months of rent costs. Also, according to fair housing laws in the state, deposit requirements need to be consistent for all tenants.
Certain conditions apply when it comes to the fees a landlord can charge against the tenant’s security deposit, as well. Let’s explore the list of permissible charges landlords can claim against a security deposit in Virginia.
Permissible Charges Against a Security Deposit
Several charges can be applied to a security deposit in Virginia. As such, it’s important for both tenants and landlords to be aware of what’s fair and permissible when it comes to these charges. A few deductions that can be charged against a tenant’s security deposit include the following items:
- Charges that are covered within the established rental agreement
- Unpaid rent charges, as well as late fees that were established in the rental agreement
- Unpaid utility bills
(However, in these situations, a landlord must provide their tenant with a notice of tenant duties and rights at least 15 days before applying the security deposit to a utility payment) - Damages to the property that directly resulted due to the tenant’s inability to comply with rental obligations
- Damages that are associated with a breach of the rental agreement
Deductions from a tenant’s security deposit are typically permitted when losses incurred exceed those that would otherwise be considered as normal wear and tear.
Normal Wear and Tear vs Damages
For a security deposit in Virginia, there is a difference between normal wear and tear and actual damages done to a rental unit. Examples of normal wear and tear include (but are not limited to):
- Faded or chipped paint
- Small scuff marks
- Frayed window coverings
- Worn or faded carpets
- Dirty or loose floor grout
- Loose cabinet handles
- Worn bathtubs, toilets, and sinks
To make it simple, normal wear and tear is the sort of minor damage that occurs when a property is lived in, even with proper cleaning and maintenance techniques in place.
On the other hand, instances of damage that may be charged against a tenant’s security deposit include, but are not limited to, the following:
- Stained or burnt carpet
- Broken doors or windows
- Holes in the walls
- Broken or missing tiles
- Unapproved paint jobs in the unit
Requirements for Security Deposit Charges
Certain requirements apply when a landlord charges fees against a tenant’s security deposit in Virginia. Within 45 days of a tenant moving out, landlords must provide them with written notice that includes an itemized list of each charge being deducted from the security deposit.
It’s worth noting, though, that if the landlord has to hire someone to make repairs to the property, he or she is permitted to take an additional 15 days to give the tenant notice of the deductions.
In addition to including all of the deductions taken from the deposit, the landlord is also required to list any interest earned on the deposit during the tenant’s residency. Landlords must also keep accurate records of security deposit deductions for two years.
Returning Security Deposits
Once a tenant’s lease ends, a security deposit in Virginia must be returned within 45 days. This excludes any portion of the deposit that was used to cover deductions made.
However, if a tenant doesn’t provide the landlord with a forwarding address, he or she is only required to hold the security deposit for one year following the 45 days after the normal return timeline.
Preparing Move-Out Letters
A move-out letter is a great way to prevent disputes regarding security deposits from arising. When a tenant notifies their landlord that they’re going to be ending their lease, the landlord should prepare a letter that includes the following:
- Instructions covering how the landlord expects the unit to be left (ex: cleaning requirements)
- An explanation of final inspection processes
- A list of deductions you’re legally allowed to make
- A brief reminder to return the keys and provide a forwarding address
- An explanation that covers how you’ll return the remaining security deposit funds
When it comes to security deposits in Virginia, having the right information is essential. Both tenants and landlords need to remain informed about how the state’s security deposit laws work in order to reach the most beneficial outcomes upon the end of a tenant’s residency. Whether you’re a landlord or a tenant, do your best to stay up-to-date on the latest information on rental laws.
