                                 CODE OF VIRGINIA

DISPOSAL OF PROPERTY OF DECEASED TENANTS (§ 55.1-1256)

A. 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&#8217; 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
&#xA7; 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 &#xA7; 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. 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.

C. 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 &#xA7;
55.1-1251, and the landlord shall mitigate such damages.

HISTORY: 2006, c. 820, § 55-248.38:3; 2010, c. 550; 2011, c. 766; 2014, c. 813;
2017, c. 730; 2019, c. 712.