{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1255.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1255.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1255.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1255.html"}],"law_id":80063,"edition_id":1,"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","history":"2001, c. 222, \u00a7 55-248.38:2; 2006, c. 129; 2013, c. 563; 2019, cc. 180, 700, 712.","full_text":"Notwithstanding the provisions of \u00a7 8.01-156, when personal property is removed from a dwelling unit, the premises, or any storage area provided by the landlord pursuant to an action of unlawful detainer or ejectment, or pursuant to any other action in which personal property is removed from the dwelling unit in order to restore the dwelling unit to the person entitled to such dwelling unit, the sheriff shall oversee the removal of such personal property to be placed into the public way. The tenant shall have the right to remove his personal property from the public way during the 24-hour period after eviction. Upon the expiration of the 24-hour period after eviction, the landlord shall remove, or dispose of, any such personal property remaining in the public way.\n\t\tAt the landlord’s request, any personal property removed pursuant to this section shall be placed into a storage area designated by the landlord, which may be the dwelling unit. The tenant shall have the right to remove his personal property from the landlord’s designated storage area at reasonable times during the 24 hours after eviction or at such other reasonable times until the landlord has disposed of the property as provided in this section. During that 24-hour period and until the landlord disposes of the remaining personal property of the tenant, the landlord and the sheriff 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 otherwise provided by law.\n\t\tAny property remaining in the landlord’s storage area upon the expiration of the 24-hour period after eviction may be disposed of by the landlord as the landlord sees fit or appropriate. If the landlord receives any funds from any sale of such remaining property, 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 the eviction process described in this section or the reasonable costs incurred by the landlord in selling or storing such property. If any funds are remaining after application, the remaining funds shall be treated as a security deposit under the provisions of \u00a7 55.1-1226.\n\t\tThe notice posted by the sheriff with the writ of eviction setting the date and time of the eviction, pursuant to \u00a7 8.01-470, shall provide notice to the tenant of the rights afforded to tenants in this section and shall include a copy of this statute attached to, or made a part of, the notice.","order_by":null,"text":{"0":{"id":286707,"text":"Notwithstanding the provisions of \u00a7 8.01-156, when personal property is removed from a dwelling unit, the premises, or any storage area provided by the landlord pursuant to an action of unlawful detainer or ejectment, or pursuant to any other action in which personal property is removed from the dwelling unit in order to restore the dwelling unit to the person entitled to such dwelling unit, the sheriff shall oversee the removal of such personal property to be placed into the public way. The tenant shall have the right to remove his personal property from the public way during the 24-hour period after eviction. Upon the expiration of the 24-hour period after eviction, the landlord shall remove, or dispose of, any such personal property remaining in the public way.\n\t\tAt the landlord’s request, any personal property removed pursuant to this section shall be placed into a storage area designated by the landlord, which may be the dwelling unit. The tenant shall have the right to remove his personal property from the landlord’s designated storage area at reasonable times during the 24 hours after eviction or at such other reasonable times until the landlord has disposed of the property as provided in this section. During that 24-hour period and until the landlord disposes of the remaining personal property of the tenant, the landlord and the sheriff 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 otherwise provided by law.\n\t\tAny property remaining in the landlord’s storage area upon the expiration of the 24-hour period after eviction may be disposed of by the landlord as the landlord sees fit or appropriate. If the landlord receives any funds from any sale of such remaining property, 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 the eviction process described in this section or the reasonable costs incurred by the landlord in selling or storing such property. If any funds are remaining after application, the remaining funds shall be treated as a security deposit under the provisions of \u00a7 55.1-1226.\n\t\tThe notice posted by the sheriff with the writ of eviction setting the date and time of the eviction, pursuant to \u00a7 8.01-470, shall provide notice to the tenant of the rights afforded to tenants in this section and shall include a copy of this statute attached to, or made a part of, the notice.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1255\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 222<\/a> 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. It has been modified 3 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 2006, chapter 129<\/a>; in 2013, chapter 563<\/a>; in 2019, chapters 180<\/a>, 700<\/a>, and 712<\/a>.<\/p>","references":[{"id":67287,"section_number":"8.01-470","catch_line":"Writs on judgments for specific property","order_by":null,"url":"\/8.01-470\/"}],"refers_to":[{"id":55889,"section_number":"55.1-1226","catch_line":"Security deposits","order_by":null,"url":"\/55.1-1226\/"},{"id":74826,"section_number":"8.01-156","catch_line":"Authority of sheriffs, etc., to store and sell personal property removed from premises; recovery of possession by owner; disposition or sale","order_by":null,"url":"\/8.01-156\/"},{"id":67287,"section_number":"8.01-470","catch_line":"Writs on judgments for specific property","order_by":null,"url":"\/8.01-470\/"}],"permalink":{"id":246145,"object_type":"law","relational_id":80063,"identifier":"55.1-1255","token":"55.1\/III\/12\/5\/55.1-1255","url":"\/55.1-1255\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1255\/","token":"55.1\/III\/12\/5\/55.1-1255","dublin_core":{"Title":"Authority of sheriffs to store and sell personal property removed from residential premises; recovery of possession by owner; disposition or sale","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1255","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Notwithstanding the provisions of \u00a7 8.01-156<\/a>, when personal property is removed from a dwelling unit<\/span>, the premises<\/span>, or any storage area provided by the landlord<\/span> pursuant to an action<\/span> of unlawful detainer<\/span> or ejectment, or pursuant to any other action<\/span> in which personal property is removed from the dwelling unit<\/span> in order<\/span> to restore the dwelling unit<\/span> to the person<\/span> entitled to such dwelling unit<\/span>, the sheriff shall oversee the removal of such personal property to be placed into the public way. The tenant<\/span> shall have the right to remove his personal property from the public way during the 24-hour period after eviction. Upon the expiration of the 24-hour period after eviction, the landlord<\/span> shall remove, or dispose of, any such personal property remaining in the public way.\n\t\tAt the landlord<\/span>’s request, any personal property removed pursuant to this section shall be placed into a storage area designated by the landlord<\/span>, which may be the dwelling unit<\/span>. The tenant<\/span> shall have the right to remove his personal property from the landlord<\/span>’s designated storage area at reasonable times during the 24 hours after eviction or at such other reasonable times until the landlord<\/span> has disposed of the property as provided in this section. During that 24-hour period and until the landlord<\/span> disposes of the remaining personal property of the tenant<\/span>, the landlord<\/span> and the sheriff shall not have any liability for the risk of loss for such personal property. If the landlord<\/span> fails to allow reasonable access to the tenant<\/span> to remove his personal property as provided in this section, the tenant<\/span> shall have a right to injunctive or other relief as otherwise provided by law<\/span>.\n\t\tAny property remaining in the landlord<\/span>’s storage area upon the expiration of the 24-hour period after eviction may be disposed of by the landlord<\/span> as the landlord<\/span> sees fit or appropriate. If the landlord<\/span> receives any funds from any sale of such remaining property, the landlord<\/span> shall pay such funds to the account of the tenant<\/span> and apply the funds to any amounts due the landlord<\/span> by the tenant<\/span>, including the reasonable costs incurred by the landlord<\/span> in the eviction process described in this section or the reasonable costs incurred by the landlord<\/span> in selling or storing such property. If any funds are remaining after application, the remaining funds shall be treated as a security deposit<\/span> under the provisions of \u00a7 55.1-1226<\/a>.\n\t\tThe notice<\/span> posted by the sheriff with the writ<\/span> of eviction setting the date and time of the eviction, pursuant to \u00a7 8.01-470<\/a>, shall provide notice<\/span> to the tenant<\/span> of the rights afforded to tenants<\/span> in this section and shall include a copy of this statute<\/span> attached to, or made a part of, the notice<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY OF SHERIFFS TO STORE AND SELL PERSONAL PROPERTY REMOVED FROM\nRESIDENTIAL PREMISES; RECOVERY OF POSSESSION BY OWNER; DISPOSITION OR SALE (\u00a7\n55.1-1255)\n\nNotwithstanding the provisions of \u00a7 8.01-156, when personal property is removed\nfrom a dwelling unit, the premises, or any storage area provided by the landlord\npursuant to an action of unlawful detainer or ejectment, or pursuant to any\nother action in which personal property is removed from the dwelling unit in\norder to restore the dwelling unit to the person entitled to such dwelling unit,\nthe sheriff shall oversee the removal of such personal property to be placed\ninto the public way. The tenant shall have the right to remove his personal\nproperty from the public way during the 24-hour period after eviction. Upon the\nexpiration of the 24-hour period after eviction, the landlord shall remove, or\ndispose of, any such personal property remaining in the public way.\n\t\tAt the landlord’s request, any personal property removed pursuant to\nthis section shall be placed into a storage area designated by the landlord,\nwhich may be the dwelling unit. The tenant shall have the right to remove his\npersonal property from the landlord’s designated storage area at\nreasonable times during the 24 hours after eviction or at such other reasonable\ntimes until the landlord has disposed of the property as provided in this\nsection. During that 24-hour period and until the landlord disposes of the\nremaining personal property of the tenant, the landlord and the sheriff shall\nnot have any liability for the risk of loss for such personal property. If the\nlandlord fails to allow reasonable access to the tenant to remove his personal\nproperty as provided in this section, the tenant shall have a right to\ninjunctive or other relief as otherwise provided by law.\n\t\tAny property remaining in the landlord’s storage area upon the\nexpiration of the 24-hour period after eviction may be disposed of by the\nlandlord as the landlord sees fit or appropriate. If the landlord receives any\nfunds from any sale of such remaining property, the landlord shall pay such\nfunds to the account of the tenant and apply the funds to any amounts due the\nlandlord by the tenant, including the reasonable costs incurred by the landlord\nin the eviction process described in this section or the reasonable costs\nincurred by the landlord in selling or storing such property. If any funds are\nremaining after application, the remaining funds shall be treated as a security\ndeposit under the provisions of \u00a7 55.1-1226.\n\t\tThe notice posted by the sheriff with the writ of eviction setting the date\nand time of the eviction, pursuant to \u00a7 8.01-470, shall provide notice to the\ntenant of the rights afforded to tenants in this section and shall include a\ncopy of this statute attached to, or made a part of, the notice.\n\nHISTORY: 2001, c. 222, \u00a7 55-248.38:2; 2006, c. 129; 2013, c. 563; 2019, cc.\n180, 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}}