A lease agreement, including lease agreements in Virginia, will terminate as soon as the landlord is aware of the abandonment, but sometimes it can be difficult to determine if your rental property is abandoned. In Virginia, if the landlord cannot determine whether the tenant has abandoned the premises or just left for an extended vacation, the landlord must serve written notice to the tenant requiring them to give written notice to the landlord, within seven days, of their intentions to remain in the rental unit.

Dealing with Personal Property

If your property is abandoned your tenant may have left behind some personal property. In Virginia there is a procedure for dealing with property left behind, and it can be found in Virginia Code § 55-248.38:1. Specifically, the landlord may dispose of the abandoned property in whatever way he sees fit or appropriate, provided that the landlord has done one of the following:

  1. given a termination notice to the tenant, which includes a statement that any items of personal property left in the premises would be disposed of within a 24-hour period after termination;
  2. given written notice to the tenant in accordance with Code § 55-248.33, which includes a statement that any items of personal property left in the premises would be disposed of within the 24-hour period after expiration of the seven-day notice period; or
  3. given a separate written notice to the tenant, which includes a statement that any items of personal property left in the premises would be disposed of within 24 hours after expiration of a 10-day period from the date such notice was given to the tenant.

It is important to note that during the 24-hour period and until the landlord disposes of any remaining personal property of the tenant, the landlord is not liable for the risk of loss for such personal property. The landlord must also provide reasonable access to the tenant to remove their property.

What happens if the landlord receives any funds from any sale of abandoned property? In Virginia the law states that the landlord must apply such funds to the account of the tenant, minus any costs incurred by selling, storing, or safekeeping the property. If a balance remains in favor of the tenant it must be treated as a security deposit under the provisions of Virginia Code § 55-248.15:1. The provisions regarding funds above do no apply if the landlord has been granted a writ of possession due to an eviction.

Deceased Tenant

Per Virginia Code § 55-248.38:3, if the tenant, who is the sole occupant of the premises, dies and there is no person authorized by order of the circuit court to handle probate matters for the deceased tenant, then the landlord may dispose of the personal property left in the premises.

There are special provisions in place in Virginia law in the event of the death of the tenant. Per Virginia Code § 55-248.38:3, if the tenant, who is the sole occupant of the premises, dies and there is no person authorized by order of the circuit court to handle probate matters for the deceased tenant, then the landlord may dispose of the personal property left in the premises, or in a storage area provided by the landlord. To do this the landlord must give at least 10 days’ written notice to:

  1. the person identified in the rental application, lease agreement, or other landlord document as the authorized person to contact in the event of the death or emergency of tenant; or
  2. the tenant in accordance with Code § 55-248.6 if there is not authorized contact person.

The notice given under (1) or (2) above must inform the recipient that any personal property left in the premises will be treated as abandoned property and disposed of in accordance with the provisions of Code § 55-248.38:1, if not claimed within 10 days.