{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1254.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1254.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1254.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1254.html"}],"law_id":69130,"edition_id":1,"section_id":69130,"structure_id":14101,"section_number":"55.1-1254","catch_line":"Disposal of property abandoned by tenants","history":"1984, c. 741, \u00a7 55-248.38:1; 1995, c. 228; 1998, c. 461; 2000, c. 760; 2002, c. 762; 2013, c. 563; 2017, c. 730; 2019, cc. 180, 700, 712.","full_text":"If any items of personal property are left in the dwelling unit, the premises, or any storage area provided by the landlord after the rental agreement has terminated and delivery of possession has occurred, the landlord may consider such property to be abandoned. The landlord may dispose of the property so abandoned as the landlord sees fit or appropriate, provided that he has given (i) a termination notice to the tenant in accordance with this chapter, including a statement that any items of personal property left in the dwelling unit or the premises would be disposed of within the 24-hour period after termination; (ii) written notice to the tenant in accordance with \u00a7 55.1-1249, including a statement that any items of personal property left in the dwelling unit, the premises, or the storage area would be disposed of within the 24-hour period after expiration of the seven-day notice period; or (iii) a separate written notice to the tenant, including a statement that any items of personal property left in the dwelling unit, the premises, or the storage area would be disposed of within 24 hours after expiration of a 10-day period from the date such notice was given to the tenant. Any written notice to the tenant shall be given in accordance with \u00a7 55.1-1202. The tenant shall have the right to remove his personal property from the dwelling unit, the premises, or the storage area at reasonable times during the 24-hour period after termination or at such other reasonable times until the landlord has disposed of the remaining personal property of the tenant.\n\t\tDuring the 24-hour period and until the landlord disposes of the remaining personal property of the tenant, the landlord shall not have any liability for the risk of loss for such personal property. If the landlord fails to allow reasonable access to the tenant to remove his personal property as provided in this section, the tenant shall have a right to injunctive or other relief as provided by law. If the landlord received any funds from any sale of abandoned property as provided in this section, the landlord shall pay such funds to the account of the tenant and apply the funds to any amounts due the landlord by the tenant, including the reasonable costs incurred by the landlord in selling, storing, or safekeeping such property. If any such funds are remaining after application, the remaining funds shall be treated as a security deposit under the provisions of \u00a7 55.1-1226. The provisions of this section shall not be applicable if the landlord has been granted an order of possession for the premises in accordance with Title 8.01 and execution of a writ of eviction has been completed pursuant to \u00a7 8.01-470.\n\t\tNothing in this section shall affect the right of a landlord to enforce an inchoate or perfected lien of the landlord on the personal property of a tenant in a dwelling unit or on the premises leased to such tenant and the right of a landlord to distress, levy, and seize such personal property as otherwise provided by law.","order_by":null,"text":{"0":{"id":250152,"text":"If any items of personal property are left in the dwelling unit, the premises, or any storage area provided by the landlord after the rental agreement has terminated and delivery of possession has occurred, the landlord may consider such property to be abandoned. The landlord may dispose of the property so abandoned as the landlord sees fit or appropriate, provided that he has given (i) a termination notice to the tenant in accordance with this chapter, including a statement that any items of personal property left in the dwelling unit or the premises would be disposed of within the 24-hour period after termination; (ii) written notice to the tenant in accordance with \u00a7 55.1-1249, including a statement that any items of personal property left in the dwelling unit, the premises, or the storage area would be disposed of within the 24-hour period after expiration of the seven-day notice period; or (iii) a separate written notice to the tenant, including a statement that any items of personal property left in the dwelling unit, the premises, or the storage area would be disposed of within 24 hours after expiration of a 10-day period from the date such notice was given to the tenant. Any written notice to the tenant shall be given in accordance with \u00a7 55.1-1202. The tenant shall have the right to remove his personal property from the dwelling unit, the premises, or the storage area at reasonable times during the 24-hour period after termination or at such other reasonable times until the landlord has disposed of the remaining personal property of the tenant.\n\t\tDuring the 24-hour period and until the landlord disposes of the remaining personal property of the tenant, the landlord shall not have any liability for the risk of loss for such personal property. If the landlord fails to allow reasonable access to the tenant to remove his personal property as provided in this section, the tenant shall have a right to injunctive or other relief as provided by law. If the landlord received any funds from any sale of abandoned property as provided in this section, the landlord shall pay such funds to the account of the tenant and apply the funds to any amounts due the landlord by the tenant, including the reasonable costs incurred by the landlord in selling, storing, or safekeeping such property. If any such funds are remaining after application, the remaining funds shall be treated as a security deposit under the provisions of \u00a7 55.1-1226. The provisions of this section shall not be applicable if the landlord has been granted an order of possession for the premises in accordance with Title 8.01 and execution of a writ of eviction has been completed pursuant to \u00a7 8.01-470.\n\t\tNothing in this section shall affect the right of a landlord to enforce an inchoate or perfected lien of the landlord on the personal property of a tenant in a dwelling unit or on the premises leased to such tenant and the right of a landlord to distress, levy, and seize such personal property as otherwise provided by law.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14101,"edition_id":1,"name":"Landlord Remedies","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":14100,"metadata":{},"date_created":"2026-06-26 03:46:53","date_modified":"2026-06-26 03:46:53","permalink":{"id":246103,"object_type":"structure","relational_id":14101,"identifier":"5","token":"55.1\/III\/12\/5","url":"\/55.1\/III\/12\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14100,"edition_id":1,"name":"Virginia Residential Landlord and Tenant Act","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":13073,"metadata":{},"date_created":"2026-06-26 03:46:53","date_modified":"2026-06-26 03:46:53","permalink":{"id":245885,"object_type":"structure","relational_id":14100,"identifier":"12","token":"55.1\/III\/12","url":"\/55.1\/III\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13073,"edition_id":1,"name":"Rental Conveyances","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":245883,"object_type":"structure","relational_id":13073,"identifier":"III","token":"55.1\/III","url":"\/55.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60662,"structure_id":14101,"section_number":"55.1-1245","catch_line":"(Effective the later of July 1, 2028, or 7 years after the COVID-19 pandemic state of emergency expires) Noncompliance with rental agreement; monetary penalty","url":"\/55.1-1245\/","token":"55.1\/III\/12\/5\/55.1-1245","metadata":false},{"id":55231,"structure_id":14101,"section_number":"55.1-1246","catch_line":"Barring guest or invitee of a tenant","url":"\/55.1-1246\/","token":"55.1\/III\/12\/5\/55.1-1246","metadata":false},{"id":58862,"structure_id":14101,"section_number":"55.1-1247","catch_line":"Sheriffs authorized to serve certain notices; fee for service","url":"\/55.1-1247\/","token":"55.1\/III\/12\/5\/55.1-1247","metadata":false},{"id":77115,"structure_id":14101,"section_number":"55.1-1248","catch_line":"Remedy by repair, etc.; emergencies","url":"\/55.1-1248\/","token":"55.1\/III\/12\/5\/55.1-1248","metadata":false},{"id":80239,"structure_id":14101,"section_number":"55.1-1249","catch_line":"Remedies for absence, nonuse, and abandonment","url":"\/55.1-1249\/","token":"55.1\/III\/12\/5\/55.1-1249","metadata":false},{"id":85575,"structure_id":14101,"section_number":"55.1-1250","catch_line":"Landlord's acceptance of rent with reservation; tenant's right of redemption","url":"\/55.1-1250\/","token":"55.1\/III\/12\/5\/55.1-1250","metadata":false},{"id":86328,"structure_id":14101,"section_number":"55.1-1251","catch_line":"Remedy after termination","url":"\/55.1-1251\/","token":"55.1\/III\/12\/5\/55.1-1251","metadata":false},{"id":85283,"structure_id":14101,"section_number":"55.1-1252","catch_line":"Recovery of possession limited","url":"\/55.1-1252\/","token":"55.1\/III\/12\/5\/55.1-1252","metadata":false},{"id":61089,"structure_id":14101,"section_number":"55.1-1253","catch_line":"Periodic tenancy; holdover remedies","url":"\/55.1-1253\/","token":"55.1\/III\/12\/5\/55.1-1253","metadata":false},{"id":69130,"structure_id":14101,"section_number":"55.1-1254","catch_line":"Disposal of property abandoned by tenants","url":"\/55.1-1254\/","token":"55.1\/III\/12\/5\/55.1-1254","metadata":false},{"id":80063,"structure_id":14101,"section_number":"55.1-1255","catch_line":"Authority of sheriffs to store and sell personal property removed from residential premises; recovery of possession by owner; disposition or sale","url":"\/55.1-1255\/","token":"55.1\/III\/12\/5\/55.1-1255","metadata":false},{"id":57030,"structure_id":14101,"section_number":"55.1-1256","catch_line":"Disposal of property of deceased tenants","url":"\/55.1-1256\/","token":"55.1\/III\/12\/5\/55.1-1256","metadata":false},{"id":57532,"structure_id":14101,"section_number":"55.1-1257","catch_line":"Who may recover rent or possession","url":"\/55.1-1257\/","token":"55.1\/III\/12\/5\/55.1-1257","metadata":false}],"previous_section":{"id":61089,"structure_id":14101,"section_number":"55.1-1253","catch_line":"Periodic tenancy; holdover remedies","url":"\/55.1-1253\/","token":"55.1\/III\/12\/5\/55.1-1253","metadata":false},"next_section":{"id":80063,"structure_id":14101,"section_number":"55.1-1255","catch_line":"Authority of sheriffs to store and sell personal property removed from residential premises; recovery of possession by owner; disposition or sale","url":"\/55.1-1255\/","token":"55.1\/III\/12\/5\/55.1-1255","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1254\/","history_text":"<p>This law was first created in 1984. The record of its establishment is cataloged in chapter 741 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0228\">228<\/a>; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0461\">461<\/a>; in 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0760\">760<\/a>; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0762\">762<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0563\">563<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0730\">730<\/a>; in 2019, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0180\">180<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0700\">700<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0712\">712<\/a>.<\/p>","references":[{"id":57030,"section_number":"55.1-1256","catch_line":"Disposal of property of deceased tenants","order_by":null,"url":"\/55.1-1256\/"}],"refers_to":[{"id":69095,"section_number":"55.1-1202","catch_line":"Notice","order_by":null,"url":"\/55.1-1202\/"},{"id":55889,"section_number":"55.1-1226","catch_line":"Security deposits","order_by":null,"url":"\/55.1-1226\/"},{"id":80239,"section_number":"55.1-1249","catch_line":"Remedies for absence, nonuse, and abandonment","order_by":null,"url":"\/55.1-1249\/"},{"id":67287,"section_number":"8.01-470","catch_line":"Writs on judgments for specific property","order_by":null,"url":"\/8.01-470\/"}],"permalink":{"id":246141,"object_type":"law","relational_id":69130,"identifier":"55.1-1254","token":"55.1\/III\/12\/5\/55.1-1254","url":"\/55.1-1254\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1254\/","token":"55.1\/III\/12\/5\/55.1-1254","dublin_core":{"Title":"Disposal of property abandoned by tenants","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1254","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>If any items of personal property are left in the <span class=\"dictionary\">dwelling unit<\/span>, the <span class=\"dictionary\">premises<\/span>, or any storage area provided by the <span class=\"dictionary\">landlord<\/span> after the <span class=\"dictionary\">rental agreement<\/span> has terminated and delivery of <span class=\"dictionary\">possession<\/span> has occurred, the <span class=\"dictionary\">landlord<\/span> may consider such property to be abandoned. The <span class=\"dictionary\">landlord<\/span> may dispose of the property so abandoned as the <span class=\"dictionary\">landlord<\/span> sees fit or appropriate, provided that he has given (i) a termination notice to the <span class=\"dictionary\">tenant<\/span> in accordance with this chapter, including a statement that any items of personal property left in the <span class=\"dictionary\">dwelling unit<\/span> or the <span class=\"dictionary\">premises<\/span> would be disposed of within the 24-hour period after termination; (ii) <span class=\"dictionary\">written notice<\/span> to the <span class=\"dictionary\">tenant<\/span> in accordance with \u00a7&nbsp;<a class=\"law\" title=\"Remedies for absence, nonuse, and abandonment\" href=\"\/55.1-1249\/\">55.1-1249<\/a>, including a statement that any items of personal property left in the <span class=\"dictionary\">dwelling unit<\/span>, the <span class=\"dictionary\">premises<\/span>, or the storage area would be disposed of within the 24-hour period after expiration of the seven-day notice period; or (iii) a separate <span class=\"dictionary\">written notice<\/span> to the <span class=\"dictionary\">tenant<\/span>, including a statement that any items of personal property left in the <span class=\"dictionary\">dwelling unit<\/span>, the <span class=\"dictionary\">premises<\/span>, or the storage area would be disposed of within 24 hours after expiration of a 10-day period from the date such notice was given to the <span class=\"dictionary\">tenant<\/span>. Any <span class=\"dictionary\">written notice<\/span> to the <span class=\"dictionary\">tenant<\/span> shall be given in accordance with \u00a7&nbsp;<a class=\"law\" title=\"Notice\" href=\"\/55.1-1202\/\">55.1-1202<\/a>. The <span class=\"dictionary\">tenant<\/span> shall have the right to remove his personal property from the <span class=\"dictionary\">dwelling unit<\/span>, the <span class=\"dictionary\">premises<\/span>, or the storage area at reasonable times during the 24-hour period after termination or at such other reasonable times until the <span class=\"dictionary\">landlord<\/span> has disposed of the remaining personal property of the <span class=\"dictionary\">tenant<\/span>.\n\t\tDuring the 24-hour period and until the <span class=\"dictionary\">landlord<\/span> disposes of the remaining personal property of the <span class=\"dictionary\">tenant<\/span>, the <span class=\"dictionary\">landlord<\/span> shall not have any liability for the risk of loss for such personal property. If the <span class=\"dictionary\">landlord<\/span> fails to allow reasonable access to the <span class=\"dictionary\">tenant<\/span> to remove his personal property as provided in this section, the <span class=\"dictionary\">tenant<\/span> shall have a right to injunctive or other relief as provided by <span class=\"dictionary\">law<\/span>. If the <span class=\"dictionary\">landlord<\/span> received any funds from any sale of abandoned property as provided in this section, the <span class=\"dictionary\">landlord<\/span> shall pay such funds to the account of the <span class=\"dictionary\">tenant<\/span> and apply the funds to any amounts due the <span class=\"dictionary\">landlord<\/span> by the <span class=\"dictionary\">tenant<\/span>, including the reasonable costs incurred by the <span class=\"dictionary\">landlord<\/span> in selling, storing, or safekeeping such property. If any such funds are remaining after application, the remaining funds shall be treated as a <span class=\"dictionary\">security deposit<\/span> under the provisions of \u00a7&nbsp;<a class=\"law\" title=\"Security deposits\" href=\"\/55.1-1226\/\">55.1-1226<\/a>. The provisions of this section shall not be applicable if the <span class=\"dictionary\">landlord<\/span> has been granted an <span class=\"dictionary\">order<\/span> of <span class=\"dictionary\">possession<\/span> for the <span class=\"dictionary\">premises<\/span> in accordance with Title 8.01 and execution of a <span class=\"dictionary\">writ<\/span> of eviction has been completed pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Writs on judgments for specific property\" href=\"\/8.01-470\/\">8.01-470<\/a>.\n\t\tNothing in this section shall affect the right of a <span class=\"dictionary\">landlord<\/span> to enforce an inchoate or perfected <span class=\"dictionary\">lien<\/span> of the <span class=\"dictionary\">landlord<\/span> on the personal property of a <span class=\"dictionary\">tenant<\/span> in a <span class=\"dictionary\">dwelling unit<\/span> or on the <span class=\"dictionary\">premises<\/span> leased to such <span class=\"dictionary\">tenant<\/span> and the right of a <span class=\"dictionary\">landlord<\/span> to distress, <span class=\"dictionary\">levy<\/span>, and seize such personal property as otherwise provided by <span class=\"dictionary\">law<\/span>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDISPOSAL OF PROPERTY ABANDONED BY TENANTS (\u00a7 55.1-1254)\n\nIf any items of personal property are left in the dwelling unit, the premises,\nor any storage area provided by the landlord after the rental agreement has\nterminated and delivery of possession has occurred, the landlord may consider\nsuch property to be abandoned. The landlord may dispose of the property so\nabandoned as the landlord sees fit or appropriate, provided that he has given\n(i) a termination notice to the tenant in accordance with this chapter,\nincluding a statement that any items of personal property left in the dwelling\nunit or the premises would be disposed of within the 24-hour period after\ntermination; (ii) written notice to the tenant in accordance with \u00a7 55.1-1249,\nincluding a statement that any items of personal property left in the dwelling\nunit, the premises, or the storage area would be disposed of within the 24-hour\nperiod after expiration of the seven-day notice period; or (iii) a separate\nwritten notice to the tenant, including a statement that any items of personal\nproperty left in the dwelling unit, the premises, or the storage area would be\ndisposed of within 24 hours after expiration of a 10-day period from the date\nsuch notice was given to the tenant. Any written notice to the tenant shall be\ngiven in accordance with \u00a7 55.1-1202. The tenant shall have the right to remove\nhis personal property from the dwelling unit, the premises, or the storage area\nat reasonable times during the 24-hour period after termination or at such other\nreasonable times until the landlord has disposed of the remaining personal\nproperty of the tenant.\n\t\tDuring the 24-hour period and until the landlord disposes of the remaining\npersonal property of the tenant, the landlord shall not have any liability for\nthe risk of loss for such personal property. If the landlord fails to allow\nreasonable access to the tenant to remove his personal property as provided in\nthis section, the tenant shall have a right to injunctive or other relief as\nprovided by law. If the landlord received any funds from any sale of abandoned\nproperty as provided in this section, the landlord shall pay such funds to the\naccount of the tenant and apply the funds to any amounts due the landlord by the\ntenant, including the reasonable costs incurred by the landlord in selling,\nstoring, or safekeeping such property. If any such funds are remaining after\napplication, the remaining funds shall be treated as a security deposit under\nthe provisions of \u00a7 55.1-1226. The provisions of this section shall not be\napplicable if the landlord has been granted an order of possession for the\npremises in accordance with Title 8.01 and execution of a writ of eviction has\nbeen completed pursuant to \u00a7 8.01-470.\n\t\tNothing in this section shall affect the right of a landlord to enforce an\ninchoate or perfected lien of the landlord on the personal property of a tenant\nin a dwelling unit or on the premises leased to such tenant and the right of a\nlandlord to distress, levy, and seize such personal property as otherwise\nprovided by law.\n\nHISTORY: 1984, c. 741, \u00a7 55-248.38:1; 1995, c. 228; 1998, c. 461; 2000, c. 760;\n2002, c. 762; 2013, c. 563; 2017, c. 730; 2019, cc. 180, 700, 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}