                                 CODE OF VIRGINIA

AUTHORITY OF SHERIFFS TO STORE AND SELL PERSONAL PROPERTY REMOVED FROM
NONRESIDENTIAL PREMISES; RECOVERY OF POSSESSION BY OWNER; DISPOSITION OR SALE
(§ 55.1-1416)

Notwithstanding the provisions of § 8.01-156, when personal property is removed
from any nonresidential rental property pursuant to an action of unlawful
detainer or ejectment, or pursuant to any other action in which personal
property is removed from the premises in order to restore such premises to the
person entitled to such premises, 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 leased or rented premises. 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 from the premises 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 loss of 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 relief and such other relief as may be 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 such 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 security deposit
under applicable law.

The notice posted by the sheriff 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 in the notice a copy of
this statute attached to, or made a part of, this notice.

Nothing in this section shall affect the right of a landlord to enforce an
inchoate or perfected lien of the landlord on the personal property of a tenant
in a nonresidential premises leased to such tenant or the right of a landlord to
distress, levy, and seize such personal property as otherwise provided by law.

HISTORY: 2001, c. 222, § 55-237.1; 2006, cc. 91, 129; 2016, c. 744; 2017, c.
730; 2019, c. 712.