Up to $5,000 · 5 years to file.
A landlord who kept your deposit past the legal return deadline. In Virginia, small-claims cases for this kind of dispute are filed in the General District Court (small-claims division), where you can sue for up to $5,000.
Your deadline: Virginia generally gives you 5 years from when the claim arose to file. Miss it and the court can dismiss the case no matter how clearly you're owed.
The filing fee is around $50 (About $40–$60 plus service.). Before you file, send a written demand letter and keep proof of delivery.
Source: Va. Code § 16.1-122.1; deadlines: Va. Code §§ 8.01-243, 8.01-246. Reviewed 2026-06-17 (verify with the court clerk).
Note on deadlines: Written contract 5 yrs; oral contract 3; property damage 5; personal injury 2.
Suing for something else in Virginia: Virginia unpaid loan · Virginia property damage · Virginia unpaid rent · Virginia contractor dispute.
Suing for security deposit in nearby states: Maryland ($5,000, 3 years) · North Carolina ($10,000, 3 years) · Tennessee ($25,000, 6 years) · Kentucky ($2,500, 15 years) · West Virginia ($10,000, 10 years) · District of Columbia ($10,000, 3 years).
General legal information, not legal advice. Rules change and vary by county and court; consult a licensed attorney or your court clerk.
Updated July 2026