55-248.38:2 - Authority of sheriffs to store and sell personal property removed from residential premises; recove...
§ 55-248.38:2. Authority of sheriffs to store and sell personal propertyremoved from residential premises; recovery of possession by owner;disposition or sale.
Notwithstanding the provisions of § 8.01-156, when personal property isremoved from a dwelling unit pursuant to an action of unlawful detainer orejectment, or pursuant to any other action in which personal property isremoved from the dwelling unit in order to restore the dwelling unit to theperson entitled thereto, the sheriff shall oversee the removal of suchpersonal property to be placed into the public way. The tenant shall have theright to remove his personal property from the public way during the 24-hourperiod after eviction. Upon the expiration of the 24-hour period aftereviction, the landlord shall remove, or dispose of, any such personalproperty 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 dwelling unit. The tenant shall have the right to remove hispersonal property from the landlord's designated storage area at reasonabletimes during the 24 hours after eviction from the landlord's or at such otherreasonable times until the landlord has disposed of the property as providedherein. During that 24-hour period and until the landlord disposes of theremaining personal property of the tenant, the landlord and the sheriff shallnot have any liability for the risk of loss for such personal property. Ifthe landlord fails to allow reasonable access to the tenant to remove hispersonal property as provided herein, the tenant shall have a right toinjunctive or other relief as otherwise 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 said notice acopy of this statute attached to, or made a part of, this notice.
(2001, c. 222; 2006, c. 129.)