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2011 SESSION
11101594DBe it enacted by the General Assembly of Virginia:
1. That §§ 55-237.1 and 55-248.38:2 of the Code of Virginia are amended and reenacted as follows:
§ 55-237.1. Authority of sheriffs to store and sell personal property removed from premises; recovery of possession by owner; disposition or sale.
Notwithstanding the provisions of § 8.01-156, when personal
property is removed from any leased or rented commercial or 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 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 24-hour period after eviction.
Upon the expiration of the 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 this section, which
shall be placed into a storage area designated by the landlord, which may be
the leased or rented premises, and
which shall not be in the public way. The tenant shall have
the right to remove his personal property from the landlord's designated
storage area at reasonable times during the 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 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 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 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 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 24-hour period after eviction. Upon the
expiration of the 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 this section, which
shall be placed into a storage area designated by the landlord, which may be
the dwelling unit, and
which shall not be in the public way. The tenant shall have
the right to remove his personal property from the landlord's designated storage
area at reasonable times during the 24 hours after eviction from the landlord's premises or at such other reasonable times until the landlord has
disposed of the property as provided herein. During that 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 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.