{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-2902.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-2902.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-2902.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-2902.html"}],"law_id":78946,"edition_id":1,"section_id":78946,"structure_id":13935,"section_number":"55.1-2902","catch_line":"Enforcement of lien","history":"1981, c. 627, \u00a7 55-419; 1984, cc. 717, 774; 2000, c. 655; 2009, c. 664; 2015, c. 208; 2019, cc. 485, 712; 2020, c. 958; 2022, c. 792; 2023, cc. 180, 181.","full_text":"A\n\n1. If any occupant is in default under a rental agreement, the owner shall notify the occupant of such default by regular mail at his last known address, or, if expressly provided for in the rental agreement, such notice may be given by electronic means. If such default is not cured within 10 days after its occurrence, then the owner may proceed to enforce such lien by selling the contents of the occupant’s unit at public auction, for cash, and apply the proceeds to satisfaction of the lien, with the surplus, if any, to be disbursed as provided in this section. Before conducting such a public auction, the owner shall notify the occupant as prescribed in subsection C. The rental agreement may provide the occupant with the option to designate an alternative contact to receive the notices required by this section. Failure or refusal of an occupant to designate an alternative contact shall not affect the rights or remedies afforded to an occupant or owner pursuant to the provisions of this section or any other provision of law. No alternative contact shall have any right to access the leased space or any personal property stored within unless expressly stated otherwise in the rental agreement.2\n\nIn the case of personal property having a fair market value in excess of $1,000, and against which a creditor has filed a financing statement in the name of the occupant at the State Corporation Commission or in the county or city where the self-service storage facility is located or in the county or city in the Commonwealth shown as the last known address of the occupant, or if such personal property is a watercraft required by the laws of the Commonwealth to be registered and the Department of Wildlife Resources shows a lien on the certificate of title, the owner shall notify the lienholder of record, by certified mail, at the address on the financing statement or certificate of title, at least 10 days prior to the time and place of the proposed public auction.\n\t\t\t\tIf the owner of the personal property cannot be ascertained, the name of “John Doe” shall be substituted in the proceedings provided for in this section and no written notice shall be required. Whenever a watercraft is sold pursuant to this subsection, the Department of Wildlife Resources shall issue a certificate of title and registration to the purchaser of such watercraft upon his application containing the serial or motor number of the watercraft purchased, together with an affidavit by the lienholder, or by the person conducting the public auction, evidencing compliance with the provisions of this subsection.B\n\nWhenever the occupant is in default, the owner shall have the right to deny the occupant access to the leased space.C\n\nAfter the occupant has been in default for a period of 10 days, and before the owner can sell the occupant’s personal property in accordance with this chapter, the owner shall send a further notice of default, by verified mail, postage prepaid, to the occupant at his last known address, or, if expressly provided for in the rental agreement, such notice may be given by electronic means, provided that the sender retains sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery. Such notice of default shall include:1\n\nAn itemized statement of the owner’s claim, indicating the charges due on the date of the notice and the date when the charges became due;2\n\nA demand for payment of the charges due within a specified time not less than 20 days after the date of the notice;3\n\nA statement that the contents of the occupant’s leased space are subject to the owner’s lien;4\n\nA conspicuous statement that unless the claim is paid within the time stated, the contents of the occupant’s space will be sold at public auction at a specified time and place; and5\n\nThe name, street address, and telephone number of the owner or his designated agent whom the occupant may contact to respond to the notice.D\n\nAt any time prior to the public auction pursuant to this section, the occupant may pay the amount necessary to satisfy the lien and thereby redeem the personal property.E\n\nIn the event of a public auction pursuant to this section, the owner may satisfy his lien from the proceeds of the public auction and shall hold the balance, if any, for delivery on demand to the occupant or other lienholder referred to in this chapter. However, the owner shall not be obligated to hold any balance for a lienholder of record notified pursuant to subdivision A 2, or any other lien creditor, that fails to claim an interest in the balance within 30 days of the public auction. So long as the owner complies with the provisions of this chapter, the owner’s liability to the occupant under this chapter shall be limited to the net proceeds received from the public auction of any personal property and, as to other lienholders, shall be limited to the net proceeds received from the public auction of any personal property covered by such superior lien.F\n\nAny public auction of the personal property shall be held (i) at the self-service storage facility, (ii) at the nearest suitable place to where the personal property is held or stored, or (iii) online.G\n\nA purchaser in good faith of any personal property sold or otherwise disposed of pursuant to this chapter takes such property free and clear of any rights of persons against whom the lien was valid.H\n\nAny notice made pursuant to this section shall be presumed delivered when it is (i) deposited with the United States Postal Service and properly addressed to the occupant’s last known address with postage prepaid or (ii) sent by electronic means, provided that the sender retains sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery. In the event of a dispute, the sender shall have the burden to demonstrate delivery of the notice of default.I\n\nIn the case of any motor vehicle, so long as the motor vehicle remains stored within such leased space, the owner shall have a lien on such vehicle in accordance with § 46.2-644.01.J\n\nIn the case of any watercraft, if the occupant has been in default for more than 60 days, the owner may have such watercraft towed from the self-service storage facility in lieu of conducting a public sale of such property. Notice shall be sent by verified mail or electronic mail at the occupant’s last known address at least 10 days prior to the tow date and shall include the name, address, and telephone number of the company selected to tow such watercraft. Such notice may be sent independently or as part of the notice required by subsection C. The owner shall be immune from civil liability for any damage to such watercraft that occurs after the company selected to tow such watercraft takes possession of the watercraft.","order_by":null,"text":{"0":{"id":282771,"text":"1. If any occupant is in default under a rental agreement, the owner shall notify the occupant of such default by regular mail at his last known address, or, if expressly provided for in the rental agreement, such notice may be given by electronic means. If such default is not cured within 10 days after its occurrence, then the owner may proceed to enforce such lien by selling the contents of the occupant’s unit at public auction, for cash, and apply the proceeds to satisfaction of the lien, with the surplus, if any, to be disbursed as provided in this section. Before conducting such a public auction, the owner shall notify the occupant as prescribed in subsection C. The rental agreement may provide the occupant with the option to designate an alternative contact to receive the notices required by this section. Failure or refusal of an occupant to designate an alternative contact shall not affect the rights or remedies afforded to an occupant or owner pursuant to the provisions of this section or any other provision of law. No alternative contact shall have any right to access the leased space or any personal property stored within unless expressly stated otherwise in the rental agreement.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":282772,"text":"In the case of personal property having a fair market value in excess of $1,000, and against which a creditor has filed a financing statement in the name of the occupant at the State Corporation Commission or in the county or city where the self-service storage facility is located or in the county or city in the Commonwealth shown as the last known address of the occupant, or if such personal property is a watercraft required by the laws of the Commonwealth to be registered and the Department of Wildlife Resources shows a lien on the certificate of title, the owner shall notify the lienholder of record, by certified mail, at the address on the financing statement or certificate of title, at least 10 days prior to the time and place of the proposed public auction.\n\t\t\t\tIf the owner of the personal property cannot be ascertained, the name of “John Doe” shall be substituted in the proceedings provided for in this section and no written notice shall be required. Whenever a watercraft is sold pursuant to this subsection, the Department of Wildlife Resources shall issue a certificate of title and registration to the purchaser of such watercraft upon his application containing the serial or motor number of the watercraft purchased, together with an affidavit by the lienholder, or by the person conducting the public auction, evidencing compliance with the provisions of this subsection.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"B"},"2":{"id":282773,"text":"Whenever the occupant is in default, the owner shall have the right to deny the occupant access to the leased space.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"3":{"id":282774,"text":"After the occupant has been in default for a period of 10 days, and before the owner can sell the occupant’s personal property in accordance with this chapter, the owner shall send a further notice of default, by verified mail, postage prepaid, to the occupant at his last known address, or, if expressly provided for in the rental agreement, such notice may be given by electronic means, provided that the sender retains sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery. Such notice of default shall include:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"4":{"id":282775,"text":"An itemized statement of the owner’s claim, indicating the charges due on the date of the notice and the date when the charges became due;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"5":{"id":282776,"text":"A demand for payment of the charges due within a specified time not less than 20 days after the date of the notice;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"6":{"id":282777,"text":"A statement that the contents of the occupant’s leased space are subject to the owner’s lien;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"7":{"id":282778,"text":"A conspicuous statement that unless the claim is paid within the time stated, the contents of the occupant’s space will be sold at public auction at a specified time and place; and","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"8":{"id":282779,"text":"The name, street address, and telephone number of the owner or his designated agent whom the occupant may contact to respond to the notice.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"9":{"id":282780,"text":"At any time prior to the public auction pursuant to this section, the occupant may pay the amount necessary to satisfy the lien and thereby redeem the personal property.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5","next_prefix":"E"},"10":{"id":282781,"text":"In the event of a public auction pursuant to this section, the owner may satisfy his lien from the proceeds of the public auction and shall hold the balance, if any, for delivery on demand to the occupant or other lienholder referred to in this chapter. However, the owner shall not be obligated to hold any balance for a lienholder of record notified pursuant to subdivision A 2, or any other lien creditor, that fails to claim an interest in the balance within 30 days of the public auction. So long as the owner complies with the provisions of this chapter, the owner’s liability to the occupant under this chapter shall be limited to the net proceeds received from the public auction of any personal property and, as to other lienholders, shall be limited to the net proceeds received from the public auction of any personal property covered by such superior lien.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":282782,"text":"Any public auction of the personal property shall be held (i) at the self-service storage facility, (ii) at the nearest suitable place to where the personal property is held or stored, or (iii) online.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"12":{"id":282783,"text":"A purchaser in good faith of any personal property sold or otherwise disposed of pursuant to this chapter takes such property free and clear of any rights of persons against whom the lien was valid.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"13":{"id":282784,"text":"Any notice made pursuant to this section shall be presumed delivered when it is (i) deposited with the United States Postal Service and properly addressed to the occupant’s last known address with postage prepaid or (ii) sent by electronic means, provided that the sender retains sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery. In the event of a dispute, the sender shall have the burden to demonstrate delivery of the notice of default.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"14":{"id":282785,"text":"In the case of any motor vehicle, so long as the motor vehicle remains stored within such leased space, the owner shall have a lien on such vehicle in accordance with § 46.2-644.01.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"15":{"id":282786,"text":"In the case of any watercraft, if the occupant has been in default for more than 60 days, the owner may have such watercraft towed from the self-service storage facility in lieu of conducting a public sale of such property. Notice shall be sent by verified mail or electronic mail at the occupant’s last known address at least 10 days prior to the tow date and shall include the name, address, and telephone number of the company selected to tow such watercraft. Such notice may be sent independently or as part of the notice required by subsection C. The owner shall be immune from civil liability for any damage to such watercraft that occurs after the company selected to tow such watercraft takes possession of the watercraft.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":13935,"edition_id":1,"name":"Virginia Self-Service Storage Act","identifier":"29","label":"chapter","depth":3,"order_by":1,"parent_id":12708,"metadata":{},"date_created":"2026-06-26 03:46:21","date_modified":"2026-06-26 03:46:21","permalink":{"id":248373,"object_type":"structure","relational_id":13935,"identifier":"29","token":"55.1\/V\/29","url":"\/55.1\/V\/29\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12708,"edition_id":1,"name":"Miscellaneous","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":247771,"object_type":"structure","relational_id":12708,"identifier":"V","token":"55.1\/V","url":"\/55.1\/V\/","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":54991,"structure_id":13935,"section_number":"55.1-2900","catch_line":"Definitions","url":"\/55.1-2900\/","token":"55.1\/V\/29\/55.1-2900","metadata":false},{"id":72771,"structure_id":13935,"section_number":"55.1-2901","catch_line":"Lien on personal property stored within a leased space","url":"\/55.1-2901\/","token":"55.1\/V\/29\/55.1-2901","metadata":false},{"id":78946,"structure_id":13935,"section_number":"55.1-2902","catch_line":"Enforcement of lien","url":"\/55.1-2902\/","token":"55.1\/V\/29\/55.1-2902","metadata":false},{"id":56429,"structure_id":13935,"section_number":"55.1-2903","catch_line":"Other legal remedies may be used","url":"\/55.1-2903\/","token":"55.1\/V\/29\/55.1-2903","metadata":false},{"id":81323,"structure_id":13935,"section_number":"55.1-2904","catch_line":"Care, custody, and control of property","url":"\/55.1-2904\/","token":"55.1\/V\/29\/55.1-2904","metadata":false},{"id":81374,"structure_id":13935,"section_number":"55.1-2905","catch_line":"Savings clause","url":"\/55.1-2905\/","token":"55.1\/V\/29\/55.1-2905","metadata":false},{"id":82553,"structure_id":13935,"section_number":"55.1-2906","catch_line":"Effective date and application of chapter","url":"\/55.1-2906\/","token":"55.1\/V\/29\/55.1-2906","metadata":false}],"previous_section":{"id":72771,"structure_id":13935,"section_number":"55.1-2901","catch_line":"Lien on personal property stored within a leased space","url":"\/55.1-2901\/","token":"55.1\/V\/29\/55.1-2901","metadata":false},"next_section":{"id":56429,"structure_id":13935,"section_number":"55.1-2903","catch_line":"Other legal remedies may be used","url":"\/55.1-2903\/","token":"55.1\/V\/29\/55.1-2903","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2902\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 627 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 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 8 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 1984, chapters 717 and 774; in 2000, chapter 655<\/a>; in 2009, chapter 664<\/a>; in 2015, chapter 208<\/a>; in 2019, chapters 485<\/a> and 712<\/a>; in 2020, chapter 958<\/a>; in 2022, chapter 792<\/a>; in 2023, chapters 180<\/a> and 181<\/a>.<\/p>","references":[{"id":58818,"section_number":"32.1-225","catch_line":"Exemptions","order_by":null,"url":"\/32.1-225\/"}],"refers_to":false,"permalink":{"id":248383,"object_type":"law","relational_id":78946,"identifier":"55.1-2902","token":"55.1\/V\/29\/55.1-2902","url":"\/55.1-2902\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-2902\/","token":"55.1\/V\/29\/55.1-2902","dublin_core":{"Title":"Enforcement of lien","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2902","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. If any occupant<\/span> is in default<\/span> under a rental agreement<\/span>, the owner<\/span> shall notify the occupant<\/span> of such default<\/span> by regular mail at his last known address<\/span>, or, if expressly provided for in the rental agreement<\/span>, such notice may be given by electronic means. If such default<\/span> is not cured within 10 days after its occurrence, then the owner<\/span> may proceed to enforce such lien<\/span> by selling the contents of the occupant<\/span>’s unit at public auction, for cash, and apply the proceeds to satisfaction of the lien<\/span>, with the surplus, if any, to be disbursed as provided in this section. Before conducting such a public auction, the owner<\/span> shall notify the occupant<\/span> as prescribed in subsection C. The rental agreement<\/span> may provide the occupant<\/span> with the option to designate an alternative contact to receive the notices required by this section. Failure or refusal of an occupant<\/span> to designate an alternative contact shall not affect the rights or remedies afforded to an occupant<\/span> or owner<\/span> pursuant to the provisions of this section or any other provision of law<\/span>. No alternative contact shall have any right to access the leased space<\/span> or any personal property<\/span> stored within unless expressly stated otherwise in the rental agreement<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In the case of personal property<\/span> having a fair market value in excess of $1,000, and against which a creditor<\/span> has filed a financing statement in the name of the occupant<\/span> at the State Corporation Commission or in the county or city where the self-service storage facility<\/span> is located or in the county or city in the Commonwealth shown as the last known address<\/span> of the occupant<\/span>, or if such personal property<\/span> is a watercraft required by the laws<\/span> of the Commonwealth to be registered and the Department of Wildlife Resources shows a lien<\/span> on the certificate of title, the owner<\/span> shall notify the lienholder of record, by certified mail, at the address on the financing statement or certificate of title, at least 10 days prior to the time and place of the proposed public auction.\n\t\t\t\tIf the owner<\/span> of the personal property<\/span> cannot be ascertained, the name of “John Doe” shall be substituted in the proceedings provided for in this section and no written notice shall be required. Whenever a watercraft is sold pursuant to this subsection, the Department of Wildlife Resources shall issue<\/span> a certificate of title and registration to the purchaser of such watercraft upon his application containing the serial or motor number of the watercraft purchased, together with an affidavit<\/span> by the lienholder, or by the person conducting the public auction, evidencing compliance with the provisions of this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Whenever the occupant<\/span> is in default<\/span>, the owner<\/span> shall have the right to deny the occupant<\/span> access to the leased space<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> After the occupant<\/span> has been in default<\/span> for a period of 10 days, and before the owner<\/span> can sell the occupant<\/span>’s personal property<\/span> in accordance with this chapter, the owner<\/span> shall send a further notice of default<\/span>, by verified mail<\/span>, postage prepaid, to the occupant<\/span> at his last known address<\/span>, or, if expressly provided for in the rental agreement<\/span>, such notice may be given by electronic means, provided that the sender retains sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery. Such notice of default<\/span> shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An itemized statement of the owner<\/span>’s claim, indicating the charges due on the date of the notice and the date when the charges became due; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A demand for payment of the charges due within a specified time not less than 20 days after the date of the notice; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A statement that the contents of the occupant<\/span>’s leased space<\/span> are subject to the owner<\/span>’s lien<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A conspicuous statement that unless the claim is paid within the time stated, the contents of the occupant<\/span>’s space will be sold at public auction at a specified time and place; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The name, street address, and telephone number of the owner<\/span> or his designated agent whom the occupant<\/span> may contact to respond to the notice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> At any time prior to the public auction pursuant to this section, the occupant<\/span> may pay the amount necessary to satisfy the lien<\/span> and thereby redeem the personal property<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In the event of a public auction pursuant to this section, the owner<\/span> may satisfy his lien<\/span> from the proceeds of the public auction and shall hold the balance, if any, for delivery on demand to the occupant<\/span> or other lienholder referred to in this chapter. However, the owner<\/span> shall not be obligated to hold any balance for a lienholder of record notified pursuant to subdivision A 2, or any other lien<\/span> creditor<\/span>, that fails to claim an interest in the balance within 30 days of the public auction. So long as the owner<\/span> complies with the provisions of this chapter, the owner<\/span>’s liability to the occupant<\/span> under this chapter shall be limited to the net proceeds received from the public auction of any personal property<\/span> and, as to other lienholders, shall be limited to the net proceeds received from the public auction of any personal property<\/span> covered by such superior lien<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any public auction of the personal property<\/span> shall be held (i) at the self-service storage facility<\/span>, (ii) at the nearest suitable place to where the personal property<\/span> is held or stored, or (iii) online. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A purchaser in good faith of any personal property<\/span> sold or otherwise disposed of pursuant to this chapter takes such property free and clear of any rights of persons against whom the lien<\/span> was valid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any notice made pursuant to this section shall be presumed delivered when it is (i) deposited with the United States Postal Service and properly addressed to the occupant<\/span>’s last known address<\/span> with postage prepaid or (ii) sent by electronic means, provided that the sender retains sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery. In the event of a dispute, the sender shall have the burden to demonstrate delivery of the notice of default<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> In the case of any motor vehicle, so long as the motor vehicle remains stored within such leased space<\/span>, the owner<\/span> shall have a lien<\/span> on such vehicle in accordance with § 46.2-644.01<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> In the case of any watercraft, if the occupant<\/span> has been in default<\/span> for more than 60 days, the owner<\/span> may have such watercraft towed from the self-service storage facility<\/span> in lieu of conducting a public sale of such property. Notice shall be sent by verified mail<\/span> or electronic mail at the occupant<\/span>’s last known address<\/span> at least 10 days prior to the tow date and shall include the name, address, and telephone number of the company selected to tow such watercraft. Such notice may be sent independently or as part of the notice required by subsection C. The owner<\/span> shall be immune from civil liability for any damage to such watercraft that occurs after the company selected to tow such watercraft takes possession<\/span> of the watercraft. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT OF LIEN (\u00a7 55.1-2902)\n\nA. 1. If any occupant is in default under a rental agreement, the owner shall\nnotify the occupant of such default by regular mail at his last known address,\nor, if expressly provided for in the rental agreement, such notice may be given\nby electronic means. If such default is not cured within 10 days after its\noccurrence, then the owner may proceed to enforce such lien by selling the\ncontents of the occupant’s unit at public auction, for cash, and apply the\nproceeds to satisfaction of the lien, with the surplus, if any, to be disbursed\nas provided in this section. Before conducting such a public auction, the owner\nshall notify the occupant as prescribed in subsection C. The rental agreement\nmay provide the occupant with the option to designate an alternative contact to\nreceive the notices required by this section. Failure or refusal of an occupant\nto designate an alternative contact shall not affect the rights or remedies\nafforded to an occupant or owner pursuant to the provisions of this section or\nany other provision of law. No alternative contact shall have any right to\naccess the leased space or any personal property stored within unless expressly\nstated otherwise in the rental agreement.\n\n 2. In the case of personal property having a fair market value in excess of\n $1,000, and against which a creditor has filed a financing statement in the\n name of the occupant at the State Corporation Commission or in the county or\n city where the self-service storage facility is located or in the county or\n city in the Commonwealth shown as the last known address of the occupant, or\n if such personal property is a watercraft required by the laws of the\n Commonwealth to be registered and the Department of Wildlife Resources shows a\n lien on the certificate of title, the owner shall notify the lienholder of\n record, by certified mail, at the address on the financing statement or\n certificate of title, at least 10 days prior to the time and place of the\n proposed public auction.\n \t\t\t\tIf the owner of the personal property cannot be ascertained, the name of\n “John Doe” shall be substituted in the proceedings provided for in\n this section and no written notice shall be required. Whenever a watercraft is\n sold pursuant to this subsection, the Department of Wildlife Resources shall\n issue a certificate of title and registration to the purchaser of such\n watercraft upon his application containing the serial or motor number of the\n watercraft purchased, together with an affidavit by the lienholder, or by the\n person conducting the public auction, evidencing compliance with the\n provisions of this subsection.\n\nB. Whenever the occupant is in default, the owner shall have the right to deny\nthe occupant access to the leased space.\n\nC. After the occupant has been in default for a period of 10 days, and before\nthe owner can sell the occupant’s personal property in accordance with\nthis chapter, the owner shall send a further notice of default, by verified\nmail, postage prepaid, to the occupant at his last known address, or, if\nexpressly provided for in the rental agreement, such notice may be given by\nelectronic means, provided that the sender retains sufficient proof of the\nelectronic delivery, which may be an electronic receipt of delivery, a\nconfirmation that the notice was sent by facsimile, or a certificate of service\nprepared by the sender confirming the electronic delivery. Such notice of\ndefault shall include:\n\n 1. An itemized statement of the owner’s claim, indicating the charges\n due on the date of the notice and the date when the charges became due;\n\n 2. A demand for payment of the charges due within a specified time not less\n than 20 days after the date of the notice;\n\n 3. A statement that the contents of the occupant’s leased space are\n subject to the owner’s lien;\n\n 4. A conspicuous statement that unless the claim is paid within the time\n stated, the contents of the occupant’s space will be sold at public\n auction at a specified time and place; and\n\n 5. The name, street address, and telephone number of the owner or his\n designated agent whom the occupant may contact to respond to the notice.\n\nD. At any time prior to the public auction pursuant to this section, the\noccupant may pay the amount necessary to satisfy the lien and thereby redeem the\npersonal property.\n\nE. In the event of a public auction pursuant to this section, the owner may\nsatisfy his lien from the proceeds of the public auction and shall hold the\nbalance, if any, for delivery on demand to the occupant or other lienholder\nreferred to in this chapter. However, the owner shall not be obligated to hold\nany balance for a lienholder of record notified pursuant to subdivision A 2, or\nany other lien creditor, that fails to claim an interest in the balance within\n30 days of the public auction. So long as the owner complies with the provisions\nof this chapter, the owner’s liability to the occupant under this chapter\nshall be limited to the net proceeds received from the public auction of any\npersonal property and, as to other lienholders, shall be limited to the net\nproceeds received from the public auction of any personal property covered by\nsuch superior lien.\n\nF. Any public auction of the personal property shall be held (i) at the\nself-service storage facility, (ii) at the nearest suitable place to where the\npersonal property is held or stored, or (iii) online.\n\nG. A purchaser in good faith of any personal property sold or otherwise disposed\nof pursuant to this chapter takes such property free and clear of any rights of\npersons against whom the lien was valid.\n\nH. Any notice made pursuant to this section shall be presumed delivered when it\nis (i) deposited with the United States Postal Service and properly addressed to\nthe occupant’s last known address with postage prepaid or (ii) sent by\nelectronic means, provided that the sender retains sufficient proof of the\nelectronic delivery, which may be an electronic receipt of delivery, a\nconfirmation that the notice was sent by facsimile, or a certificate of service\nprepared by the sender confirming the electronic delivery. In the event of a\ndispute, the sender shall have the burden to demonstrate delivery of the notice\nof default.\n\nI. In the case of any motor vehicle, so long as the motor vehicle remains stored\nwithin such leased space, the owner shall have a lien on such vehicle in\naccordance with § 46.2-644.01.\n\nJ. In the case of any watercraft, if the occupant has been in default for more\nthan 60 days, the owner may have such watercraft towed from the self-service\nstorage facility in lieu of conducting a public sale of such property. Notice\nshall be sent by verified mail or electronic mail at the occupant’s last\nknown address at least 10 days prior to the tow date and shall include the name,\naddress, and telephone number of the company selected to tow such watercraft.\nSuch notice may be sent independently or as part of the notice required by\nsubsection C. The owner shall be immune from civil liability for any damage to\nsuch watercraft that occurs after the company selected to tow such watercraft\ntakes possession of the watercraft.\n\nHISTORY: 1981, c. 627, \u00a7 55-419; 1984, cc. 717, 774; 2000, c. 655; 2009, c.\n664; 2015, c. 208; 2019, cc. 485, 712; 2020, c. 958; 2022, c. 792; 2023, cc.\n180, 181.","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}}