Virginia Abandoned Tenant Property Notice

Introduction

Key Things to Know

1. 1

   Virginia's notice about a former tenant's leftover belongings is the written statement Code Section 55.1-1254 requires before the landlord may dispose of them: that items left in the dwelling unit, the premises or the storage area would be disposed of within 24 hours after a stated period. There is no printed form. The statute asks for that statement, and says any written notice to the tenant shall be given in accordance with Section 55.1-1202, which serves notice at the tenant's last known place of residence, which may be the dwelling unit.

2. 2

   The trigger is property left behind after the rental agreement has terminated and delivery of possession has occurred; the landlord may then consider it abandoned. Where the landlord cannot tell whether the tenant has gone, Section 55.1-1249 provides a written notice asking the tenant to say within seven days that the tenant intends to remain. If the tenant answers, or the landlord otherwise learns the tenant is still in occupancy, the premises may not be treated as abandoned. With no answer, a rebuttable presumption of abandonment arises when the seven days expire.

3. 3

   Three routes satisfy the statute, and each fixes its own clock. A termination notice that included the statement allows disposal within the 24-hour period after termination. A Section 55.1-1249 notice that included it allows disposal within the 24-hour period after the seven-day notice period expires. A separate written notice allows disposal within 24 hours after a 10-day period counted from the date the notice was given to the tenant.

4. 4

   The tenant keeps a right to come and get the goods. Section 55.1-1254 lets the tenant remove personal property from the dwelling unit, the premises or the storage area at reasonable times during the 24-hour period after termination, or at other reasonable times until the landlord has disposed of what remains. A landlord who fails to allow reasonable access exposes itself to a tenant's claim for injunctive or other relief as provided by law.

5. 5

   During the 24-hour period and until disposal, the statute says the landlord shall not have any liability for the risk of loss for the property. The statute does not set a storage fee schedule or a duty to move goods off site. Where goods are sold, the reasonable costs of selling, storing or safekeeping them may be applied from the sale money, and nothing in the section sets a dollar threshold or lists items such as papers or photographs for separate treatment.

6. 6

   Money from any sale is paid to the account of the tenant and applied to amounts the tenant owes the landlord, including those reasonable costs. If funds remain after that, the statute says they shall be treated as a security deposit under Section 55.1-1226, so the remainder follows that section rather than becoming the landlord's to keep.

7. 7

   Two separate rules sit beside the notice. Section 55.1-1254 does not apply once the landlord has been granted an order of possession and execution of a writ of eviction has been completed; Section 55.1-1255 then governs, giving the tenant the 24-hour period after eviction and applying the same funds rule. And the section leaves untouched any inchoate or perfected landlord's lien and the right to distress, levy and seize property as otherwise provided by law.

Virginia Requirements for Abandoned Tenant Property Notice

• Termination and Delivery of Possession

  Section 55.1-1254 reaches personal property left in the dwelling unit, the premises or a storage area provided by the landlord after the rental agreement has terminated and delivery of possession has occurred. Record both dates. Where it is unclear whether the tenant has left, the seven-day written notice under Section 55.1-1249 creates a rebuttable presumption of abandonment only if the tenant does not reply in writing that the tenant intends to remain.

• The 24-Hour Disposal Statement

  Every route needs a statement that items of personal property left in the dwelling unit, the premises or the storage area would be disposed of within 24 hours after the route's own period. Without that statement in a qualifying notice, the section gives no authority to dispose of the goods.

• The Route and Its Clock

  Choose and record the route: the termination notice (24-hour period after termination), the Section 55.1-1249 notice (24-hour period after the seven-day period expires), or a separate written notice (24 hours after a 10-day period from the date it was given). Write the resulting date and hour into the notice so the tenant can see it.

• Service at the Last Known Place of Residence

  Any written notice to the tenant is given in accordance with Section 55.1-1202, under which notice is served at the tenant's last known place of residence, which may be the dwelling unit. Electronic notice is possible only if the rental agreement provides for it and the tenant has not asked for paper; keep the receipt, fax confirmation or certificate of service.

• Reasonable Access Until Disposal

  The tenant may remove property at reasonable times during the 24-hour period after termination or at other reasonable times until disposal. Give a contact for access and log each request and visit. Failing to allow reasonable access gives the tenant a right to injunctive or other relief as provided by law.

• Risk of Loss and Safekeeping Costs

  During the 24-hour period and until disposal the landlord has no liability for the risk of loss for the property. Reasonable costs of selling, storing or safekeeping are recovered only from sale money, so keep receipts for each. The statute sets no fee schedule and no dollar threshold.

• Sale Money Credited to the Tenant's Account

  Funds from any sale are paid to the account of the tenant and applied to amounts the tenant owes, including those reasonable costs. Any funds remaining after application are treated as a security deposit under Section 55.1-1226. Keep an itemized account of the sale and each amount applied.

• Property After a Completed Writ of Eviction

  If an order of possession was granted and execution of a writ of eviction has been completed, Section 55.1-1254 does not apply and Section 55.1-1255 governs the goods: the tenant has the 24-hour period after eviction, and the same funds rule applies to any sale. Nothing in Section 55.1-1254 affects an inchoate or perfected landlord's lien or the right to distress, levy and seize as otherwise provided by law.