The dread and frustration of walking into a property after your tenant has moved out and finding a sleeper sofa. Linens in the closets. A desk with a wonky leg.
One of the most common and frustrating issues landlords face is dealing with abandoned property left behind by tenants. Whether a tenant leaves voluntarily, is evicted, or simply disappears, their personal belongings often remain inside of the property, leaving you wondering what to do and how this might inhibit you from preparing the property for a new tenant.
Virginia has specific laws governing the handling of abandoned tenant property, and it's crucial for landlords to follow these guidelines carefully. Mishandling a tenant’s personal property can lead to legal liability and even lawsuits.
That’s not a risk you want to take. So, we’re here with this step-by-step guide, in which we’ll walk you through the legal process, your responsibilities, and how to protect your property and yourself under Virginia law.
Working with a professional property manager, remember, will relieve you of a lot of this stress. We can handle the entire rental process for you, from finding a tenant to dealing with any property they later leave behind.
Step 1: Determine Whether the Property Has Been Abandoned
Are you sure the tenants have left this stuff behind, or might they be coming back for it?
Before taking any action, landlords must first determine whether the property was truly abandoned. In our experience, there are three main situations that commonly lead to property being left behind:
Tenant Vacated Voluntarily. This is often the easiest situation. In this case, the lease has ended or the tenant gave proper notice and moved out, but some belongings remain.
Tenant Was Evicted. There is often a good chance that you’ll be left with abandoned property when you evict a tenant. After you have regained possession of the property through a court order, there might be quite a mess waiting for you.
Tenant Disappeared. This is perhaps the most uncertain situation. When the tenant has stopped paying rent and seems to have left without notice, there may be an entire set of furnishings and belongings still in place.
Each of these has slightly different legal implications. If the tenant was lawfully evicted or gave up possession in writing (or by keys return), you are in a better position to take action. If a tenant disappears without formally ending the lease, be cautious. The property may not be legally considered abandoned yet.
One important piece of advice: Never assume a tenant has abandoned a lease or the premises without solid evidence. Entering or removing belongings too soon can lead to accusations of illegal lockout or conversion.
Step 2: Regain Possession of the Rental Legally
Before you can legally deal with any abandoned property, you must have legal possession of the unit. Determining your legal possession will depend on how the unit came to be empty.
If the Tenant Was Evicted. You likely regained possession through a writ of possession issued by the court. Once the sheriff executes the writ and you change the locks, you’re in lawful possession. Virginia law (Virginia Code § 55.1-1245) allows you to handle abandoned property at this point under certain conditions.
If the Tenant Moved Out Voluntarily. Make sure the lease has ended, or that the tenant provided written notice. If possible, obtain written confirmation or a returned key. This protects you from claims of unlawful entry.
If the Tenant Disappeared. If rent is unpaid and the tenant is unresponsive, you may need to go through the eviction process to regain possession legally, even if the unit appears abandoned. Don’t skip this step. Talk to our team or a real estate attorney before moving forward.
Step 3: Document Everything
Thorough documentation is your best protection. Always take photos and document all personal property left behind. Photograph items in every room. Create an inventory. Write out a list of items and note their apparent condition. Always record the date that you discovered the property and when you regained possession. This documentation helps establish that you acted in good faith and followed the law.
Step 4: Understand Your Legal Obligations
Virginia law sets out very specific procedures for handling tenant property left behind after lawful possession is regained — typically after an eviction or once a tenant has moved out. Here are what the legal statutes look like:
Virginia Code § 55.1-1254: Disposal of Property After Eviction. When a tenant is evicted and personal property is left behind:
You must give the tenant 24 hours after the sheriff’s execution of the writ of possession to remove their belongings.
After that 24-hour period, the property is considered abandoned.
You may dispose of it as you see fit, without further notice or liability.
This applies only in cases where the eviction process was completed and the landlord regained possession via court order.
Virginia Code § 55.1-1250: Property Left After Voluntary Move-Out. When a tenant voluntarily vacates and leaves property behind:
You must give the tenant 10 days written notice that the property will be considered abandoned and may be disposed of.
You must mail this notice to the tenant’s last known address, and it is wise to also email or text if possible.
If the tenant does not respond or claim the property within 10 days, you may dispose of it, sell it, or keep it.
The 10-day notice period must be in writing. Keep a copy of the notice and proof that it was sent.
Step 5: Safely Store the Property (If Required)
During the 10-day notice period (for voluntary move-outs), you are responsible for safekeeping the property. That doesn’t mean you have to rent a storage unit, but you must not throw it away, sell it, or damage it during that period. You can move it to a separate locked room in the rental. Or, you can place it in a secure storage space on your property.
You're allowed to charge reasonable storage fees, but these cannot be excessive. Make sure any storage charge is documented in your notice.
For evictions, you only need to store the property for 24 hours after the sheriff’s execution. After that, you're no longer responsible.
Step 6: Notify the Tenant Properly
For voluntary move-outs, we recommend that you use the following best practices when notifying the tenant:
Use Certified Mail. Send the 10-day notice via certified mail with a return receipt.
Include a Deadline. Clearly state the final date the tenant has to retrieve the property.
State Intentions. Let the tenant know that if the property is not claimed, it will be disposed of or sold.
Keep a Copy. Retain copies of the notice and proof of mailing.
Step 7: Dispose, Donate, or Sell
If the required waiting period has passed and the tenant has not claimed their property, you may go ahead and dispose of the property, including throwing away low-value items. You can also donate items to a charity or thrift store or sell valuable items and use the proceeds to offset unpaid rent, damages, or storage fees, but you must document everything.
Any extra funds from the sale (after applying to debts) must be returned to the tenant. If you can’t locate them, hold the funds for a reasonable period and document your efforts to return them.
Step 8: Return Security Deposit (Minus Deductions)
Under Virginia law, you must return the tenant’s security deposit within 45 days of the end of the tenancy. You may deduct for unpaid rent, damages beyond normal wear and tear, cleaning costs, and reasonable storage or disposal fees (if applicable).
Always provide a written itemized statement showing deductions, and keep receipts and photos for your records.
Avoiding Common Mistakes
Here are some critical mistakes to avoid:
Assuming abandonment without proper evidence. Always confirm and follow legal procedures.
Failing to give proper notice. Always send a written notice and document it.
Premature disposal. Wait out the required period (24 hours or 10 days).
Overcharging for storage or disposal. Charges must be reasonable and documented.
Ignoring communication. If the tenant reaches out during the waiting period, work with them.
Dealing with abandoned tenant property is rarely simple or pleasant. But in Virginia, the law is pretty clear, and following that law precisely can protect you from liability, preserve your rental property’s condition, and prepare you to move forward with new tenants quickly and legally.
We are always telling landlords to operate under the principle of due diligence and good faith. The time and effort you spend following proper procedures can save you thousands in legal headaches and penalties later on.
If you're unsure about any step, it's wise to consult a local property management professional. Like us. We can help you stay compliant with the law, and that is always the best long-term strategy.
Don’t stress about the abandoned property you might have found at your rental property. We can help. Contact us at Doud Realty Services, Inc. We provide expert property management in Norfolk, Portsmouth, Hampton Roads, as well as surrounding areas such as Virginia Beach, Suffolk, Chesapeake, and Newport News.