FAQ: Landlord Tenant

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What happens when a tenant has been evicted? When can a landlord remove a tenant's belongings?

A landlord can remove a tenant’s belongings after just 24 hours, if the landlord has given the proper notice. Once the eviction process has gone through the proper legal proceedings, and the appeal window has closed, the landlord may dispose of the tenant’s abandoned personal property 24 hours after the landlord has regained possession of the residence. The tenant has the right to remove their personal property from the residence at reasonable times during that 24-hour period after an eviction.

When the 24 hours has passed, any personal property not claimed may be disposed of by the landlord as the landlord sees fit. 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 those funds to any amounts due to the landlord by the tenant, including reasonable costs incurred by the landlord in selling or storing the property. If any excess funds are remaining they shall be treated as a security deposit under applicable law.

You can learn more about this in Virginia Code §55.1-12.54.

Don’t hesitate to contact us (540-339-7775) with questions about this process, including what notices a landlord is required to give before personal property is disposed of.