A landlord's duties are listed at Virginia Code, Sec. 55-248.15:1. While a landlord must itemize damages and document the reasonable cost of repair, the statute does not require that repairs be completed before a deduction may be made.

If the tenant is disputing that the damage actually existed, then the tenant can demand return of the money on the basis that it was improperly withheld. If the tenant does not dispute that the damage occurred, or that the described cost of repair was reasonable, the landlord can likely defend against any action to recover the cost of repair by arguing that the unrepaired condition of the premises was reflected in the sale price of the home.