Bill Text: VA HB1499 | 2011 | Regular Session | Introduced
Bill Title: Unlawful detainer, etc.; storage of tenant's property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-08 - House: Left in Courts of Justice [HB1499 Detail]
Download: Virginia-2011-HB1499-Introduced.html
11101594D Be 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
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
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. |