55-237.1 - Authority of sheriffs to store and sell personal property removed from premises; recovery of possession by owner; disposition or sale. - Virginia Statutes

§ 55-237.1. Authority of sheriffs to store and sell personal property removedfrom premises; recovery of possession by owner; disposition or sale.

Notwithstanding the provisions of § 8.01-156, when personal property isremoved from any leased or rented commercial or residential premises pursuantto an action of unlawful detainer or ejectment, or pursuant to any otheraction in which personal property is removed from the premises in order torestore such premises to the person entitled thereto, the sheriff shalloversee the removal of such personal property to be placed into the publicway. The tenant shall have the right to remove his personal property from thepublic way during the 24-hour period after eviction. Upon the expiration ofthe 24-hour period after eviction, the landlord shall remove, or dispose of,any such personal property remaining in the public way.

At the landlord's request, any personal property removed pursuant to thissection shall be placed into a storage area designated by the landlord, whichmay be the leased or rented premises. The tenant shall have the right toremove his personal property from the landlord's designated storage area atreasonable times during the 24 hours after eviction from the premises or atsuch other reasonable times until the landlord has disposed of the propertyas provided herein. During that 24-hour period and until the landlorddisposes of the remaining personal property of the tenant, the landlord andthe sheriff shall not have any liability for the loss of such personalproperty. If the landlord fails to allow reasonable access to the tenant toremove his personal property as provided herein, the tenant shall have aright to injunctive relief and such other relief as may be provided by law.

Any property remaining in the landlord's storage area upon the expiration ofthe 24-hour period after eviction may be disposed of by the landlord as thelandlord sees fit or appropriate. If the landlord receives any funds from anysale of such remaining property, the landlord shall pay such funds to theaccount of the tenant and apply same to any amounts due the landlord by thetenant, including the reasonable costs incurred by the landlord in theeviction process described in this section or the reasonable costs incurredby the landlord in selling or storing such property. If any funds areremaining after application, the remaining funds shall be treated as securitydeposit 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 rightsafforded to tenants in this section and shall include in the notice a copy ofthis statute attached to, or made a part of, this notice.

(2001, c. 222; 2006, cc. 91, 129.)