                                 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.