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2006 SESSION
064415340Be it enacted by the General Assembly of Virginia:
1. That §§ 8.01-156, 55-237.1 and 55-248.38:2 of the Code of Virginia are amended and reenacted as follows:
§ 8.01-156. Authority of sheriffs, etc., to store and sell personal property removed from premises; recovery of possession by owner; disposition or sale.
In any county or city, when personal property is removed from
premises pursuant to an action of unlawful detainer or ejectment, or pursuant
to any other action in which personal property is removed from premises in
order to restore such premises to the person entitled thereto, the sheriff
shall cause oversee
the removal of such personal property to and
it shall be placed in a storage area designated by the governing
body of the county or city if such an area has been so designated, or, in the
case of a manufactured home, at the request of the owner of the real property,
to be placed into a storage area designated by the owner of the real property
which may be the manufactured home lot or other location within the
manufactured home park, unless the owner of such personal property then and
there removes it from the public way. The sheriff and the owner of the real
property shall not have any liability for the loss of any such manufactured
home remaining on the manufactured home lot.,
nor shall they have any liability for the loss of any removed personal
property.
The owner, before obtaining possession of such personal
property so placed in a storage area by the sheriff shall
pay to the parties entitled thereto the reasonable and necessary costs
incidental to such removal and storage. Should such owner fail or refuse to pay
such costs within 30 days from the date of placing the property in storage, the
sheriff shall, after due notice to the owner and holders of liens of record,
dispose of the property by publicly advertised public sale. The proceeds from
such sale shall be used to pay all costs of removal, storage, and sale, all
fees and liens, and the balance of such funds shall be paid to the person
entitled thereto. Should the cost of removal and storage exceed the proceeds
realized from such sale the county or city shall reimburse the sheriff for such
excess, except that any such excess costs related to the disposal of a
manufactured home shall be paid by the owner of the real property from which
the manufactured home was removed. The sheriff, in his discretion, may refuse
to remove or dispose of such manufactured home until the owner of the real
property pays to the sheriff the estimated cost of such removal and
disposition. Subsequent to disposition, the sheriff shall reimburse the owner
to the extent the actual cost is less than the estimated cost, or shall request
additional payment to the extent the actual cost exceeds the estimated cost.
§ 55-237.1. Authority of sheriffs to store and sell personal property removed from residential premises; recovery of possession by owner; disposition or sale.
Notwithstanding the provisions of § 8.01-156, when personal
property is removed from a residential premises pursuant to an action of
unlawful detainer or ejectment, or pursuant to any other action in which
personal property is removed from the premises in order to restore such
premises to the person entitled thereto, the sheriff shall cause oversee
the removal of such personal property to be placed into the public
way. The tenant shall have the right to remove his personal property from the
public way during the twenty-four 24-hour
period after eviction. Upon the expiration of the twenty-four 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, the sheriff shall cause suchAny
personal property to removed
pursuant to this section shall
be placed into a storage area designated by the landlord, which may be the
dwelling unit. The tenant shall have the right to remove his personal property
from the landlord's designated storage area at reasonable times during the twenty-four 24
hours after eviction from the premises or at such other reasonable times until
the landlord has disposed of the property as provided herein. During that twenty-four 24-hour
period and until the landlord disposes of the remaining personal property of
the tenant, the landlord and the sheriff shall not have any liability for the
loss of such personal property. If the landlord fails to allow reasonable
access to the tenant to remove his personal property as provided herein, the
tenant shall have a right 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 of the twenty-four hour period after eviction may be disposed of by the landlord as the landlord sees fit or appropriate. If the landlord receives any funds from any sale of such remaining property, the landlord shall pay such funds to the account of the tenant and apply same to any amounts due the landlord by the tenant, including the reasonable costs incurred by the landlord in the eviction process described in this section or the reasonable costs incurred by the landlord in selling or storing such property. If any funds are remaining after application, the remaining funds shall be treated as security deposit 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 rights afforded to tenants in this section and shall include in the said notice a copy of this statute attached to, or made a part of, this notice.
§ 55-248.38:2. Authority of sheriffs to store and sell personal property removed from residential premises; recovery of possession by owner; disposition or sale.
Notwithstanding the provisions of § 8.01-156, when personal
property is removed from a dwelling unit pursuant to an action of unlawful
detainer or ejectment, or pursuant to any other action in which personal property
is removed from the dwelling unit in order to restore the dwelling unit to the
person entitled thereto, the sheriff shall cause oversee
the removal of such personal property to be placed into the public
way. The tenant shall have the right to remove his personal property from the
public way during the twenty-four 24-hour
period after eviction. Upon the expiration of the twenty-four 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, the sheriff shall cause such
Any personal property to removed
pursuant to this section shall be placed into a storage area
designated by the landlord, which may be the dwelling unit. The tenant shall
have the right to remove his personal property from the landlord's designated
storage area at reasonable times during the twenty-four 24
hours after eviction from the landlord's or at such other reasonable times
until the landlord has disposed of the property as provided herein. During that twenty-four 24-hour
period and until the landlord disposes of the remaining personal property of
the tenant, the landlord and the sheriff shall not have any liability for the
risk of loss for such personal property. If the landlord fails to allow
reasonable access to the tenant to remove his personal property as provided
herein, the tenant shall have a right to injunctive or other relief as
otherwise provided by law.
Any property remaining in the landlord's storage area upon the
expiration of the twenty-four 24
hour period after eviction may be disposed of by the landlord as the landlord
sees fit or appropriate. If the landlord receives any funds from any sale of
such remaining property, the landlord shall pay such funds to the account of
the tenant and apply same to any amounts due the landlord by the tenant,
including the reasonable costs incurred by the landlord in the eviction process
described in this section or the reasonable costs incurred by the landlord in
selling or storing such property. If any funds are remaining after application,
the remaining funds shall be treated as security deposit 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 rights afforded to tenants in this section and shall include in the said notice a copy of this statute attached to, or made a part of, this notice.