                                 CODE OF VIRGINIA

AUTHORITY OF SHERIFFS TO STORE AND SELL PERSONAL PROPERTY REMOVED FROM
RESIDENTIAL PREMISES; RECOVERY OF POSSESSION BY OWNER; DISPOSITION OR SALE (§
55.1-1255)

Notwithstanding the provisions of § 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.
		At the landlord&#8217;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&#8217;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.
		Any property remaining in the landlord&#8217;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 § 55.1-1226.
		The notice posted by the sheriff with the writ of eviction setting the date
and time of the eviction, pursuant to § 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.

HISTORY: 2001, c. 222, § 55-248.38:2; 2006, c. 129; 2013, c. 563; 2019, cc.
180, 700, 712.