{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1416.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1416.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1416.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1416.html"}],"law_id":87436,"edition_id":1,"section_id":87436,"structure_id":16021,"section_number":"55.1-1416","catch_line":"Authority of sheriffs to store and sell personal property removed from nonresidential premises; recovery of possession by owner; disposition or sale","history":"2001, c. 222, \u00a7 55-237.1; 2006, cc. 91, 129; 2016, c. 744; 2017, c. 730; 2019, c. 712.","full_text":"Notwithstanding the provisions of \u00a7 8.01-156, when personal property is removed from any nonresidential rental property pursuant to an action of unlawful detainer or ejectment, or pursuant to any other action in which personal property is removed from the premises in order to restore such premises to the person entitled to such premises, 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 leased or rented premises. 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 from the premises 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 loss of 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 relief and such other relief as may be 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 such 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 security deposit under applicable law.\n\t\tThe notice posted by the sheriff 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 in the notice a copy of this statute attached to, or made a part of, this notice.\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 nonresidential premises leased to such tenant or the right of a landlord to distress, levy, and seize such personal property as otherwise provided by law.","order_by":null,"text":{"0":{"id":312998,"text":"Notwithstanding the provisions of \u00a7 8.01-156, when personal property is removed from any nonresidential rental property pursuant to an action of unlawful detainer or ejectment, or pursuant to any other action in which personal property is removed from the premises in order to restore such premises to the person entitled to such premises, 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 leased or rented premises. 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 from the premises 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 loss of 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 relief and such other relief as may be 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 such 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 security deposit under applicable law.\n\t\tThe notice posted by the sheriff 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 in the notice a copy of this statute attached to, or made a part of, this notice.\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 nonresidential premises leased to such tenant or 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":16021,"edition_id":1,"name":"Landlord Remedies","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":14155,"metadata":{},"date_created":"2026-06-26 04:04:06","date_modified":"2026-06-26 04:04:06","permalink":{"id":246319,"object_type":"structure","relational_id":16021,"identifier":"4","token":"55.1\/III\/14\/4","url":"\/55.1\/III\/14\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14155,"edition_id":1,"name":"Nonresidential Tenancies","identifier":"14","label":"chapter","depth":3,"order_by":1,"parent_id":13073,"metadata":{},"date_created":"2026-06-26 03:47:04","date_modified":"2026-06-26 03:47:04","permalink":{"id":246271,"object_type":"structure","relational_id":14155,"identifier":"14","token":"55.1\/III\/14","url":"\/55.1\/III\/14\/","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":66846,"structure_id":16021,"section_number":"55.1-1413","catch_line":"Effect of failure of tenant in nonresidential rental property to vacate premises at expiration of term","url":"\/55.1-1413\/","token":"55.1\/III\/14\/4\/55.1-1413","metadata":false},{"id":62743,"structure_id":16021,"section_number":"55.1-1414","catch_line":"Abandonment of nonresidential rental property","url":"\/55.1-1414\/","token":"55.1\/III\/14\/4\/55.1-1414","metadata":false},{"id":67992,"structure_id":16021,"section_number":"55.1-1415","catch_line":"Failure to pay certain rents after five days' notice forfeits right of possession","url":"\/55.1-1415\/","token":"55.1\/III\/14\/4\/55.1-1415","metadata":false},{"id":87436,"structure_id":16021,"section_number":"55.1-1416","catch_line":"Authority of sheriffs to store and sell personal property removed from nonresidential premises; recovery of possession by owner; disposition or sale","url":"\/55.1-1416\/","token":"55.1\/III\/14\/4\/55.1-1416","metadata":false},{"id":69251,"structure_id":16021,"section_number":"55.1-1417","catch_line":"Who may recover rent or possession","url":"\/55.1-1417\/","token":"55.1\/III\/14\/4\/55.1-1417","metadata":false}],"previous_section":{"id":67992,"structure_id":16021,"section_number":"55.1-1415","catch_line":"Failure to pay certain rents after five days' notice forfeits right of possession","url":"\/55.1-1415\/","token":"55.1\/III\/14\/4\/55.1-1415","metadata":false},"next_section":{"id":69251,"structure_id":16021,"section_number":"55.1-1417","catch_line":"Who may recover rent or possession","url":"\/55.1-1417\/","token":"55.1\/III\/14\/4\/55.1-1417","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1416\/","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 4 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, chapters 91<\/a> and 129<\/a>; in 2016, chapter 744<\/a>; in 2017, chapter 730<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":75454,"section_number":"55.1-1400","catch_line":"Applicability; right to terminate tenant","order_by":null,"url":"\/55.1-1400\/"},{"id":67992,"section_number":"55.1-1415","catch_line":"Failure to pay certain rents after five days' notice forfeits right of possession","order_by":null,"url":"\/55.1-1415\/"},{"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":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":246333,"object_type":"law","relational_id":87436,"identifier":"55.1-1416","token":"55.1\/III\/14\/4\/55.1-1416","url":"\/55.1-1416\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1416\/","token":"55.1\/III\/14\/4\/55.1-1416","dublin_core":{"Title":"Authority of sheriffs to store and sell personal property removed from nonresidential premises; recovery of possession by owner; disposition or sale","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1416","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 any nonresidential rental property pursuant to an action of unlawful detainer<\/span> or ejectment, or pursuant to any other action in which personal property is removed from the premises in order<\/span> to restore such premises to the person entitled to such premises, 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 leased or rented premises. 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 from the premises 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 loss of 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 relief and such other relief as may be provided by law<\/span>.\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 such 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 security deposit under applicable law<\/span>.\n\t\tThe notice posted by the sheriff setting the date and time of the eviction, pursuant to \u00a7 8.01-470<\/a>, shall provide notice to the tenant of the rights afforded to tenants in this section and shall include in the notice a copy of this statute<\/span> attached to, or made a part of, this notice.\n\t\tNothing in this section shall affect the right of a landlord to enforce an inchoate or perfected lien<\/span> of the landlord on the personal property of a tenant in a nonresidential premises leased to such tenant or the right of a landlord to distress, levy<\/span>, and seize such personal property as otherwise provided by law<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY OF SHERIFFS TO STORE AND SELL PERSONAL PROPERTY REMOVED FROM\nNONRESIDENTIAL PREMISES; RECOVERY OF POSSESSION BY OWNER; DISPOSITION OR SALE\n(\u00a7 55.1-1416)\n\nNotwithstanding the provisions of \u00a7 8.01-156, when personal property is removed\nfrom any nonresidential rental property pursuant to an action of unlawful\ndetainer or ejectment, or pursuant to any other action in which personal\nproperty is removed from the premises in order to restore such premises to the\nperson entitled to such premises, the sheriff shall oversee the removal of such\npersonal property to be placed into the public way. The tenant shall have the\nright to remove his personal property from the public way during the 24-hour\nperiod after eviction. Upon the expiration of the 24-hour period after eviction,\nthe landlord shall remove, or dispose of, any such personal property remaining\nin 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 leased or rented premises. The tenant shall have the right to\nremove his personal property from the landlord’s designated storage area\nat reasonable times during the 24 hours after eviction from the premises or at\nsuch other reasonable times until the landlord has disposed of the property as\nprovided in this section. During that 24-hour period and until the landlord\ndisposes of the remaining personal property of the tenant, the landlord and the\nsheriff shall not have any liability for the loss of such personal property. If\nthe landlord fails to allow reasonable access to the tenant to remove his\npersonal property as provided in this section, the tenant shall have a right to\ninjunctive relief and such other relief as may be 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 such 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 security\ndeposit under applicable law.\n\t\tThe notice posted by the sheriff setting the date and time of the eviction,\npursuant to \u00a7 8.01-470, shall provide notice to the tenant of the rights\nafforded to tenants in this section and shall include in the notice a copy of\nthis statute attached to, or made a part of, this notice.\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 nonresidential premises leased to such tenant or the right of a landlord to\ndistress, levy, and seize such personal property as otherwise provided by law.\n\nHISTORY: 2001, c. 222, \u00a7 55-237.1; 2006, cc. 91, 129; 2016, c. 744; 2017, c.\n730; 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}}