Cal. Civ. Code § 55.1-1255

Authority of sheriffs to store and sell personal property removed from residential premises; recovery of possession by owner; disposition or sale.

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026VirginiaSummary Process

Operative Text

Cal. Civ. Code § 55.1-1255
Notwithstanding the provisions of § 8.01-156 , when personal property is removed from a dwelling unit, the premises, or any storage area provided by the landlord 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 to such dwelling unit, 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 shall be placed into a storage area designated by the landlord, which may be the dwelling unit. 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 or at such other reasonable times until the landlord has disposed of the property as provided in this section. 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 in this section, 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 the funds 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 a security deposit under the provisions of § 55.1-1226 .
The notice posted by the sheriff with the writ of eviction 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 a copy of this statute attached to, or made a part of, the notice.
Source: Legislative text reproduced verbatim
Plain English

Virginia Code § 55.1-1255 governs what happens to a tenant's belongings after an eviction. When a sheriff carries out an eviction, the tenant's personal property is moved to the public way, and the tenant has 24 hours to retrieve it; after that window closes, the landlord must remove or dispose of whatever remains. If the landlord chooses to store the property instead, the tenant retains the right to collect belongings at reasonable times during that same 24-hour period, and any property left behind may be disposed of, sold, or applied toward amounts the tenant owes—with any surplus treated as a security deposit under § 55.1-1226.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Va. Code § 55.1-1255, compliant landlords who opt for storage rather than public-way placement designate a storage area—which may be the dwelling unit itself—and allow the former tenant reasonable access during the 24-hour post-eviction window. Landlords who sell remaining property after that period keep records of proceeds, apply them first to amounts owed (including reasonable eviction and storage costs), and treat any surplus as a security deposit per § 55.1-1226. Operators should also be aware that the sheriff's eviction notice is required to include a copy of § 55.1-1255, so tenants receive advance notice of these rights.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Va. Code § 55.1-1255 gives tenants a 24-hour window after eviction to retrieve personal property from the public way or from any landlord-designated storage area at reasonable times. If a landlord refuses to allow reasonable access to retrieve belongings during that period, the statute provides a right to seek injunctive or other legal relief. Tenants who believe their access rights have been violated may consult a tenant-rights organization, contact a legal aid office, or explore remedies through the courts.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 22, 2026
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Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information

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