{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1256.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1256.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1256.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1256.html"}],"law_id":57030,"edition_id":1,"section_id":57030,"structure_id":14101,"section_number":"55.1-1256","catch_line":"Disposal of property of deceased tenants","history":"2006, c. 820, \u00a7 55-248.38:3; 2010, c. 550; 2011, c. 766; 2014, c. 813; 2017, c. 730; 2019, c. 712.","full_text":"A\n\nIf a tenant who is the sole tenant under a written rental agreement still residing in the dwelling unit dies, and there is no person authorized by order of the circuit court to handle probate matters for the deceased tenant, the landlord may dispose of the personal property left in the dwelling unit or upon the premises. However, the landlord shall give at least 10 days’ written notice to (i) the person identified in the rental application, lease agreement, or other landlord document as the authorized person to contact in the event of the death or emergency of the tenant or (ii) the tenant in accordance with § 55.1-1202 if no such person is identified in the rental application, lease agreement, or other landlord document as the authorized contact person. The notice given under clause (i) or (ii) shall include a statement that any items of personal property left in the premises would be treated as abandoned property and disposed of in accordance with the provisions of § 55.1-1254, if not claimed within 10 days. Authorized occupants, or guests or invitees, are not allowed to occupy the dwelling unit after the death of the sole remaining tenant and shall vacate the dwelling unit prior to the end of the 10-day period.B\n\nThe landlord may request that such authorized contact person provide reasonable proof of identification. Thereafter, the authorized contact person identified in the rental application, lease agreement, or other landlord document may (i) have access to the dwelling unit or the premises and to the tenant records maintained by the landlord and (ii) rightfully claim the personal property of the deceased tenant and otherwise handle the affairs of the deceased tenant with the landlord.C\n\nThe rental agreement is deemed to be terminated by the landlord as of the date of death of the tenant who is the sole tenant under a written rental agreement still residing in the dwelling unit, and the landlord shall not be required to seek an order of possession from a court of competent jurisdiction. The estate of the tenant shall remain liable for actual damages under § 55.1-1251, and the landlord shall mitigate such damages.","order_by":null,"text":{"0":{"id":208909,"text":"If a tenant who is the sole tenant under a written rental agreement still residing in the dwelling unit dies, and there is no person authorized by order of the circuit court to handle probate matters for the deceased tenant, the landlord may dispose of the personal property left in the dwelling unit or upon the premises. However, the landlord shall give at least 10 days’ written notice to (i) the person identified in the rental application, lease agreement, or other landlord document as the authorized person to contact in the event of the death or emergency of the tenant or (ii) the tenant in accordance with § 55.1-1202 if no such person is identified in the rental application, lease agreement, or other landlord document as the authorized contact person. The notice given under clause (i) or (ii) shall include a statement that any items of personal property left in the premises would be treated as abandoned property and disposed of in accordance with the provisions of § 55.1-1254, if not claimed within 10 days. Authorized occupants, or guests or invitees, are not allowed to occupy the dwelling unit after the death of the sole remaining tenant and shall vacate the dwelling unit prior to the end of the 10-day period.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":208910,"text":"The landlord may request that such authorized contact person provide reasonable proof of identification. Thereafter, the authorized contact person identified in the rental application, lease agreement, or other landlord document may (i) have access to the dwelling unit or the premises and to the tenant records maintained by the landlord and (ii) rightfully claim the personal property of the deceased tenant and otherwise handle the affairs of the deceased tenant with the landlord.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":208911,"text":"The rental agreement is deemed to be terminated by the landlord as of the date of death of the tenant who is the sole tenant under a written rental agreement still residing in the dwelling unit, and the landlord shall not be required to seek an order of possession from a court of competent jurisdiction. The estate of the tenant shall remain liable for actual damages under § 55.1-1251, and the landlord shall mitigate such damages.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1256\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapter 820<\/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 5 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 2010, chapter 550<\/a>; in 2011, chapter 766<\/a>; in 2014, chapter 813<\/a>; in 2017, chapter 730<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":[{"id":69095,"section_number":"55.1-1202","catch_line":"Notice","order_by":null,"url":"\/55.1-1202\/"},{"id":86328,"section_number":"55.1-1251","catch_line":"Remedy after termination","order_by":null,"url":"\/55.1-1251\/"},{"id":69130,"section_number":"55.1-1254","catch_line":"Disposal of property abandoned by tenants","order_by":null,"url":"\/55.1-1254\/"}],"permalink":{"id":246149,"object_type":"law","relational_id":57030,"identifier":"55.1-1256","token":"55.1\/III\/12\/5\/55.1-1256","url":"\/55.1-1256\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1256\/","token":"55.1\/III\/12\/5\/55.1-1256","dublin_core":{"Title":"Disposal of property of deceased tenants","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1256","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a tenant<\/span> who is the sole tenant<\/span> under a written rental agreement<\/span> still residing in the dwelling unit<\/span> dies, and there is no person<\/span> authorized by order<\/span> of the circuit<\/span> court<\/span> to handle probate matters for the deceased tenant<\/span>, the landlord<\/span> may dispose of the personal property left in the dwelling unit<\/span> or upon the premises<\/span>. However, the landlord<\/span> shall give at least 10 days’ written notice<\/span> to (i) the person<\/span> identified in the rental application<\/span>, lease agreement<\/span>, or other landlord<\/span> document as the authorized person<\/span> to contact in the event of the death or emergency of the tenant<\/span> or (ii) the tenant<\/span> in accordance with § 55.1-1202<\/a> if no such person<\/span> is identified in the rental application<\/span>, lease agreement<\/span>, or other landlord<\/span> document as the authorized contact person<\/span>. The notice given under clause (i) or (ii) shall include a statement that any items of personal property left in the premises<\/span> would be treated as abandoned property and disposed of in accordance with the provisions of § 55.1-1254<\/a>, if not claimed within 10 days. Authorized occupants<\/span>, or guests or invitees, are not allowed to occupy the dwelling unit<\/span> after the death of the sole remaining tenant<\/span> and shall vacate the dwelling unit<\/span> prior to the end of the 10-day period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The landlord<\/span> may request that such authorized contact person<\/span> provide reasonable proof of identification. Thereafter, the authorized contact person<\/span> identified in the rental application<\/span>, lease agreement<\/span>, or other landlord<\/span> document may (i) have access to the dwelling unit<\/span> or the premises<\/span> and to the tenant records<\/span> maintained by the landlord<\/span> and (ii) rightfully claim the personal property of the deceased tenant and otherwise handle the affairs of the deceased tenant with the landlord<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The rental agreement<\/span> is deemed to be terminated by the landlord<\/span> as of the date of death of the tenant who is the sole tenant under a written rental agreement<\/span> still residing in the dwelling unit<\/span>, and the landlord<\/span> shall not be required to seek an order<\/span> of possession<\/span> from a court<\/span> of competent jurisdiction<\/span>. The estate of the tenant shall remain liable for actual damages<\/span> under § 55.1-1251<\/a>, and the landlord<\/span> shall mitigate such damages<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISPOSAL OF PROPERTY OF DECEASED TENANTS (\u00a7 55.1-1256)\n\nA. If a tenant who is the sole tenant under a written rental agreement still\nresiding in the dwelling unit dies, and there is no person authorized by order\nof the circuit court to handle probate matters for the deceased tenant, the\nlandlord may dispose of the personal property left in the dwelling unit or upon\nthe premises. However, the landlord shall give at least 10 days’ written\nnotice to (i) the person identified in the rental application, lease agreement,\nor other landlord document as the authorized person to contact in the event of\nthe death or emergency of the tenant or (ii) the tenant in accordance with\n§ 55.1-1202 if no such person is identified in the rental application,\nlease agreement, or other landlord document as the authorized contact person.\nThe notice given under clause (i) or (ii) shall include a statement that any\nitems of personal property left in the premises would be treated as abandoned\nproperty and disposed of in accordance with the provisions of § 55.1-1254,\nif not claimed within 10 days. Authorized occupants, or guests or invitees, are\nnot allowed to occupy the dwelling unit after the death of the sole remaining\ntenant and shall vacate the dwelling unit prior to the end of the 10-day period.\n\nB. The landlord may request that such authorized contact person provide\nreasonable proof of identification. Thereafter, the authorized contact person\nidentified in the rental application, lease agreement, or other landlord\ndocument may (i) have access to the dwelling unit or the premises and to the\ntenant records maintained by the landlord and (ii) rightfully claim the personal\nproperty of the deceased tenant and otherwise handle the affairs of the deceased\ntenant with the landlord.\n\nC. The rental agreement is deemed to be terminated by the landlord as of the\ndate of death of the tenant who is the sole tenant under a written rental\nagreement still residing in the dwelling unit, and the landlord shall not be\nrequired to seek an order of possession from a court of competent jurisdiction.\nThe estate of the tenant shall remain liable for actual damages under §\n55.1-1251, and the landlord shall mitigate such damages.\n\nHISTORY: 2006, c. 820, \u00a7 55-248.38:3; 2010, c. 550; 2011, c. 766; 2014, c. 813;\n2017, c. 730; 2019, c. 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}}