Virginia abandoned property law: a written warning, 24 hours and a deposit-style surplus
Va. Code 55.1-1254 lets a landlord treat property left after a rental agreement ends and possession is delivered as abandoned, but only after one of three written notices that warns of disposal within a 24-hour period. There is no long storage period.
When can you treat property as abandoned?
The section applies when items of personal property are left in the dwelling unit, the premises or any storage area the landlord provided after the rental agreement has terminated and delivery of possession has occurred. The landlord may then consider the property abandoned and dispose of it as the landlord sees fit or appropriate, if one of three notices was given.
Which written notice satisfies the statute?
- A termination notice under the Virginia Residential Landlord and Tenant Act that states that any items left in the unit or on the premises will be disposed of within the 24-hour period after termination.
- A written notice under section 55.1-1249 (the seven day noncompliance notice) stating that items left will be disposed of within 24 hours after the seven-day notice period expires.
- A separate written notice stating that items left in the unit, the premises or the storage area will be disposed of within 24 hours after a 10-day period from the date the notice was given.
Any written notice must be given as section 55.1-1202 requires. The tenant has the right to remove property at reasonable times during the 24-hour period after termination, or at other reasonable times until the landlord disposes of the property.
What about liability and access?
During the 24-hour period and until you dispose of the remaining property, you have no liability for the risk of loss. But if you fail to allow reasonable access to remove it as the section provides, the tenant has a right to injunctive or other relief under the law. That makes the practical point: after the notice, answer calls, let the tenant in at a reasonable time and write down when you did.
The section does not apply if the landlord has an order of possession and the writ of eviction has been executed under section 8.01-470. It also does not change the landlord's right to enforce a lien, distress, levy or seize personal property as otherwise provided by law.
What if you sell something?
If the landlord receives funds from a sale of abandoned property, the landlord pays them to the tenant's account and applies them to amounts the tenant owes, including reasonable costs of selling, storing or safekeeping. Any remaining funds are treated as a security deposit under section 55.1-1226, which means the deposit rules for return and itemization apply to the surplus.
Example a made-up landlord sells an abandoned bicycle and bookshelf for $220, spends $40 on listing and moving them, and the tenant owes $100 for a late charge. The remaining $80 is treated as a security deposit and returned under the deposit rules.
A practical Virginia checklist
Choose the notice before you act, because each of the three has a different trigger. Put the exact disposal sentence in it: items left will be disposed of within 24 hours after the stated period. Deliver it the way section 55.1-1202 requires and keep proof. When the tenant calls, offer a specific time to collect and record it, since refusing reasonable access creates a right to injunctive relief. Keep receipts for storing or selling, because a surplus is handled like a deposit, with the return and itemization rules that go with it.
How DoorKeeping fits in Virginia
Because the clock is 24 hours after a notice, the proof of which notice you sent and when is everything. DoorKeeping stores the notice, the delivery record and photos together, and flags any surplus to be treated as a deposit. Every notice waits for your approval. This is general information, not legal advice. Check the current statute or ask a local attorney before you act.
Sources
Questions
- How long must a Virginia landlord store abandoned property?
- The statute sets no storage period. After a qualifying written notice, the tenant may remove items during the 24-hour period and until the landlord disposes of them.
- What notice does Virginia require?
- A termination notice, a seven-day notice under 55.1-1249 or a separate 10-day notice, each stating that remaining items will be disposed of within a 24-hour period.
- What happens to money from a sale?
- It goes to the tenant's account and is applied to what the tenant owes, with any remainder treated as a security deposit.