55-233 - On what terms purchasers and lienors inferior to landlord may remove goods; certain liens not affected. - Virginia Statutes

§ 55-233. On what terms purchasers and lienors inferior to landlord mayremove goods; certain liens not affected.

If, after the commencement of any tenancy, a lien be obtained or created bydeed of trust, mortgage or otherwise upon the interest or property in goodson premises leased or rented of any person liable for the rent, or such goodsbe sold, the party having such lien, or the purchaser of such goods, mayremove them from the premises on the following terms, and not otherwise, thatis to say: On paying to the person entitled to the rent so much as is inarrear, and securing to him so much as to become due, what is so paid orsecured not being more altogether than six months' rent if the premises arein a city or town, or in any subdivision of suburban and other lands dividedinto building lots for residential purposes, or of premises anywhere used forresidential purposes, and not for farming or agriculture, and not being morealtogether than twelve months' rent, if the lands or premises are used forfarming or agriculture. If the goods be taken under legal process, theofficer executing it shall, out of the proceeds of the goods, make suchpayment of what is in arrear; and as to what is to become due, he shall sella sufficient portion of the goods on a credit till then, taking from thepurchasers bonds, with good security, payable to the person so entitled, anddelivering such bonds to him. If the goods be not taken under legal process,such payment and security shall be made and given before their removal.Neither this section nor § 55-231 shall affect any lien for taxes, levies, ormilitia fines.

For the purpose of this section and § 55-231 a monthly or weekly tenancyshall not be construed as a new lease for every month or week of occupationof the premises by the tenant, but his tenancy shall be considered as acontinuance of his original lease so long as he shall continue to occupy theproperty without making any new written lease.

(Code 1919, § 5524; 1922, p. 863; 1932, p. 696.)