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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54845
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Specific: I bought a house in Loudoun County, VA. The seller

Customer Question

Virginia specific: I bought a house in Loudoun County, VA. The seller left some personal items (shed, tools). We had agreed that he could do so for 1 month free. After that, through our real estate agents, I communicated that there would be a fee to leave it. That month has ended, and now for 2 months the personal property has been left on my property (and the seller has paid me nothing). When does that become abandoned property and is legally mine? Again, I need VA specifics. Thank you!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

Once the property sale closes, this becomes a landlord tenant situation and this becomes abandoned property. The specific VA statute is as follows:

"55-248.38:1. Disposal of property abandoned by tenants.

If any items of personal property are left in the premises, or in any storage area provided by the landlord, after the rental agreement has terminated and delivery of possession has occurred, the landlord may consider such property to be abandoned. The landlord may dispose of the property so abandoned as the landlord sees fit or appropriate, provided he has: (i) given a termination notice to the tenant in accordance with this chapter, which includes a statement that any items of personal property left in the premises would be disposed of within the twenty-four hour period after termination, (ii) given written notice to the tenant in accordance with 55-248.33, which includes a statement that any items of personal property left in the premises would be disposed of within the twenty-four hour period after expiration of the seven-day notice period, or (iii) 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 twenty-four hours after expiration of a ten-day period from the date such notice was given to the tenant. Any written notice to the tenant shall be given in accordance with 55-248.6. The tenant shall have the right to remove his personal property from the premises at reasonable times during the twenty-four hour period after termination or at such other reasonable times until the landlord has disposed of the remaining personal property of the tenant. During the twenty-four hour period and until the landlord disposes of the remaining personal property of the tenant, the landlord 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 provided by law. If the landlord received any funds from any sale of abandoned property as provided in this section, 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 selling, storing or safekeeping such property. If any such funds are remaining after application, the remaining funds shall be treated as a security deposit under the provisions of 55-248.15:1."

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Expert:  Richard replied 1 year ago.

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