Duties of the Landlord “lock-out” 55.237.1

The responsibilities of the landlord vary and are specific to the type of eviction to be performed.

According to the Code of Virginia 55-237.1, you have turned this dwelling, (house or apartment) into a Temporary Storage Area. You now have possession of the dwelling, but any property remaining is still the property of the tenant. The following is a brief outline of what your responsibilities are for the remainder of this process.

According to COV 55-237.1 The tenant shall have the right to remove his personal property from the landlords designated storage area at reasonable times during the twenty-four hour period and until the landlord disposes of the remaining personal property of the tenant.  It is mandated that you cannot remove any of their property during the 24 hours following the eviction. You must provide them reasonable access to the property, only for removal of said property.

According to COV 55-237.1 Any property remaining in the landlords storage area upon the expiration of the twenty-four hour period after the eviction may be disposed of by the landlord as the landlords sees fit or appropriate. After the 24-hour period following the eviction has expired you have the right to dispose of the tenants personal property. Remember that even after the 24-hour period has elapsed, as long as the tenants personal property remains in the dwelling they must be given reasonable access to allow them to remove their property.

According to COV 55-237.1 If the landlord fails to allow reasonable access to the tenant to remove his personal property as provided herein, the tenant shall have a right to injunctive relief and such other relief as may be provided by law. The tenant only has a right to remove their property, but failing to give them access may result in further court action taken against you.

The code only allows the tenant access to the dwelling to remove their property. If the tenant attempts to stay in the property this becomes a trespassing issue. If this occurs, please notify the Police or the Sheriff's Office.

Please click on the links to read the code in it's entirity.

Code of Virginia

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