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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>80063</law_id><section_number>55.1-1255</section_number><catch_line>Authority of sheriffs to store and sell personal property removed from residential premises; recovery of possession by owner; disposition or sale</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>8.01-470</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="55.1">Property and Conveyances</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Rental Conveyances</unit><unit label="chapter" level="3" order_by="1" identifier="12">Virginia Residential Landlord and Tenant Act</unit><unit label="article" level="4" order_by="1" identifier="5">Landlord Remedies</unit></structure><text>
						<section><p>Notwithstanding the provisions of &#xA7;&#xA0;<a class="law" title="Authority of sheriffs, etc., to store and sell personal property removed from premises; recovery of possession by owner; disposition or sale" href="/8.01-156/">8.01-156</a>, when personal property is removed from a <span class="dictionary">dwelling unit</span>, the <span class="dictionary">premises</span>, or any storage area provided by the <span class="dictionary">landlord</span> pursuant to an <span class="dictionary">action</span> of <span class="dictionary">unlawful detainer</span> or ejectment, or pursuant to any other <span class="dictionary">action</span> in which personal property is removed from the <span class="dictionary">dwelling unit</span> in <span class="dictionary">order</span> to restore the <span class="dictionary">dwelling unit</span> to the <span class="dictionary">person</span> entitled to such <span class="dictionary">dwelling unit</span>, the sheriff shall oversee the removal of such personal property to be placed into the public way. The <span class="dictionary">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 <span class="dictionary">landlord</span> shall remove, or dispose of, any such personal property remaining in the public way.
		At the <span class="dictionary">landlord</span>&#x2019;s request, any personal property removed pursuant to this section shall be placed into a storage area designated by the <span class="dictionary">landlord</span>, which may be the <span class="dictionary">dwelling unit</span>. The <span class="dictionary">tenant</span> shall have the right to remove his personal property from the <span class="dictionary">landlord</span>&#x2019;s designated storage area at reasonable times during the 24 hours after eviction or at such other reasonable times until the <span class="dictionary">landlord</span> has disposed of the property as provided in this section. During that 24-hour period and until the <span class="dictionary">landlord</span> disposes of the remaining personal property of the <span class="dictionary">tenant</span>, the <span class="dictionary">landlord</span> and the sheriff shall not have any liability for the risk of loss for such personal property. If the <span class="dictionary">landlord</span> fails to allow reasonable access to the <span class="dictionary">tenant</span> to remove his personal property as provided in this section, the <span class="dictionary">tenant</span> shall have a right to injunctive or other relief as otherwise provided by <span class="dictionary">law</span>.
		Any property remaining in the <span class="dictionary">landlord</span>&#x2019;s storage area upon the expiration of the 24-hour period after eviction may be disposed of by the <span class="dictionary">landlord</span> as the <span class="dictionary">landlord</span> sees fit or appropriate. If the <span class="dictionary">landlord</span> receives any funds from any sale of such remaining property, the <span class="dictionary">landlord</span> shall pay such funds to the account of the <span class="dictionary">tenant</span> and apply the funds to any amounts due the <span class="dictionary">landlord</span> by the <span class="dictionary">tenant</span>, including the reasonable costs incurred by the <span class="dictionary">landlord</span> in the eviction process described in this section or the reasonable costs incurred by the <span class="dictionary">landlord</span> in selling or storing such property. If any funds are remaining after application, the remaining funds shall be treated as a <span class="dictionary">security deposit</span> under the provisions of &#xA7;&#xA0;<a class="law" title="Security deposits" href="/55.1-1226/">55.1-1226</a>.
		The <span class="dictionary">notice</span> posted by the sheriff with the <span class="dictionary">writ</span> of eviction setting the date and time of the eviction, pursuant to &#xA7;&#xA0;<a class="law" title="Writs on judgments for specific property" href="/8.01-470/">8.01-470</a>, shall provide <span class="dictionary">notice</span> to the <span class="dictionary">tenant</span> of the rights afforded to <span class="dictionary">tenants</span> in this section and shall include a copy of this <span class="dictionary">statute</span> attached to, or made a part of, the <span class="dictionary">notice</span>.</p></section></text><history>2001, c. 222, &#xA7; 55-248.38:2; 2006, c. 129; 2013, c. 563; 2019, cc. 180, 700, 712.</history><metadata></metadata></law>
