Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

In Virginia, if a tenant moves out I understand I must keep

Customer Question
personal items for 90 days...
In Virginia, if a tenant moves out I understand I must keep personal items for 90 days. If he abandons 6 vehicles, two jet ski trailers and a utility trailer, does the same 90 apply or my I get rid of these?
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
4/29/2016
Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,919
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. First, let us talk about general abandonment. Actually, per VA Code 55-248.38:1: 1) If the lease has terminated, then the landlord can dispose of the property within 24 hours.2) If the lease was abandoned, then the landlord can dispose of the property within 7-10 days.3) Tenant has 24 hours to retrieve the property if they are forced out by a court order. However, this applies to general property. You are talking about titled property. This is different. If you wish to get title to the property, then you have to follow the procedure to request abandoned title from the state.However if you wish to simply get rid of the property, then the same 24/7/10 days apply. Note that in most cases, notice to the ex-tenant is mandatory prior to doing anything. Full text of the applicable statute: § 55-248.38:1Disposal 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 premiseswould 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 premiseswould 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 thepremises 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 thetenant shall be given in accordance with § 55-248.6. Thetenant 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 landlorddisposes 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 thelandlord 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. The provisions of this section shall not be applicable if the landlord has been granted a writ ofpossession for the premises in accordance with Title 8.01 and execution of such writ has been completed pursuant to § 8.01-470. § 55-248.38:2Authority 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 unitto the person entitled thereto, 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 from thelandlord’s or at such other reasonable times until thelandlord has disposed of the property as provided herein. During that 24-hour period and until the landlord disposes of the remaining personal property of the tenant, thelandlord 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 herein, the tenant shall have a right to injunctive or other relief as otherwise provided bylaw.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 applicablelaw.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 statuteattached to, or made a part of, this notice. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Ask Your Own Legal Question
Lawyer: Ely, Counselor at Law replied 1 year ago
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Ask Your Own Legal Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,919
102,919 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

102,919 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I was arrested for possession of false identification. At
I was arrested for possession of false identification. At the time it was considered a crime in the state of NH. Since that time they have changed it to a misdemeanor. Does this mean I no longer have … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
I was pulled over for a possession charge of 1 to 4 but no
I was pulled over for a possession charge of 1 to 4 but no less than three. The drug wasnt on me at all. It was scattered on my floor boerd while I was being detained … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
When doing a rental lease. And the term lease is used and
When doing a rental lease. And the term lease is used and act. For example. If there is a conflict between any provision of this lease and the act, the act will prevail. How is the act and lease used … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,276 satisfied customers
My civil rights were restored, but not the right to possess
My civil rights were restored, but not the right to possess a firearm after a release from prison in 1984. I now own two real estate firms and often carry large sums of funds to escrow and banks. I am… read more
Thelawman2
Thelawman2
Doctoral Degree
1,287 satisfied customers
Thanks I'm trying to restore rights with a possession with
Thanks I'm trying to restore rights with a possession with intent of marijuana felony. Is this possible or what is easiest way to make it go away. It was in 1999 of July in SC … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My name was on lease with someone else also on lease
My name was on lease with someone else also on lease landlord sued her for damages and was awarded a 2000 judgement but she can only pay 25 per month can he come back and sue me after judgement was re… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Title 38 establishes that benefit process is to be
Title 38 establishes that benefit process is to be pro-claimant, a long with duty to assist. In short it has been 6 long years bull shit for me. It has been unreasonable delays along with obvious reta… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,121 satisfied customers
I have a question about land possession in the State of
I have a question about land possession in the State of Michigan. This may get a little confusing but here goes. About 30+ years ago my Father, Grandfather and Uncle purchased 2 large pieces of land. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,276 satisfied customers
I was awarded possession of my rental property but they are
I was awarded possession of my rental property but they are horrible hoarders. So I allowed them 24 hours to get packed cuz they've literally boxed up nothing since Thursday. If I let them stay one mo… read more
Bill Attorney
Bill Attorney
law
1,580 satisfied customers
If my father has possession of a general power of attorney
if my father has possession of a general power of attorney that I provided to him and now his wife has full power of attorney over him since he has alzhemiers/dementia. Can she use my power of attorne… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,283 satisfied customers
Is there a title company in Chicago by the name of
Is there a title company in Chicago by the name of Independence Federal … read more
KJL LAW
KJL LAW
Juris Doctorate
1,754 satisfied customers
Can a buyer who completed pof a home with possession but
Can a buyer who completed pof a home with possession but pending conveyance ofvtitle … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
My friend was convicted for possession with intent to
My friend was convicted for possession with intent to distribute. He was pulled over within feet of a known crack house. The drugs he was charged with was found on the ground. The original arresting o… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Need definition of realestate term: adverse possession.
need definition of realestate term: adverse possession … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Is a demand for possession and eviction notice?? Missouri,
No nothing has been filed. Was received on 14th of last month to be out by October 2nd taped on the door. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Signed auto lease agreement but have not taken possession.
signed auto lease agreement but have not taken possession … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
What is title insurance. I got property through title
I got property through title insurance and lost my inhearance … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I did not sign a lease upon taking possession of a
I did not sign a lease upon taking possession of a commercial property I am now being asked to sign a lease that will go for a year from the date that I took possession. What advice can you give me on… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,276 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x