2006 Code of Virginia § 55-248.38:1 - Disposal of property abandoned by tenants

55-248.38:1. Disposal of property abandoned by tenants.

If any items of personal property are left in the premises, or in any storagearea provided by the landlord, after the rental agreement has terminated anddelivery of possession has occurred, the landlord may consider such propertyto be abandoned. The landlord may dispose of the property so abandoned as thelandlord sees fit or appropriate, provided he has: (i) given a terminationnotice to the tenant in accordance with this chapter, which includes astatement that any items of personal property left in the premises would bedisposed of within the twenty-four hour period after termination, (ii) givenwritten notice to the tenant in accordance with 55-248.33, which includes astatement that any items of personal property left in the premises would bedisposed of within the twenty-four hour period after expiration of theseven-day notice period, or (iii) given a separate written notice to thetenant, which includes a statement that any items of personal property leftin the premises would be disposed of within twenty-four hours afterexpiration of a ten-day period from the date such notice was given to thetenant. Any written notice to the tenant shall be given in accordance with 55-248.6. The tenant shall have the right to remove his personal propertyfrom the premises at reasonable times during the twenty-four hour periodafter termination or at such other reasonable times until the landlord hasdisposed of the remaining personal property of the tenant.

During the twenty-four hour period and until the landlord disposes of theremaining personal property of the tenant, the landlord shall not have anyliability for the risk of loss for such personal property. If the landlordfails to allow reasonable access to the tenant to remove his personalproperty as provided in this section, the tenant shall have a right toinjunctive or other relief as provided by law. If the landlord received anyfunds from any sale of abandoned property as provided in this section, thelandlord shall pay such funds to the account of the tenant and apply same toany amounts due the landlord by the tenant, including the reasonable costsincurred by the landlord in selling, storing or safekeeping such property. Ifany such funds are remaining after application, the remaining funds shall betreated as a security deposit under the provisions of 55-248.15:1. Theprovisions of this section shall not be applicable if the landlord has beengranted a writ of possession for the premises in accordance with Title 8.01and execution of such writ has been completed pursuant to 8.01-470.

(1984, c. 741; 1995, c. 228; 1998, c. 461; 2000, c. 760; 2002, c. 762.)


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