RulesofCivilProcedure.com Civil Procedure · Every State

§ 8.01-130.6.On what goods levied; to what extent goods liable; priorities between landlord and other lienors.

Chapter 3. Actions · Article 13.1. Warrants in Distress · Last amended 2019 · Last verified July 16, 2026

In one sentenceSection 8.01-130.6 lets a distress reach a lessee’s, assignee’s, or sublessee’s goods on the premises or removed within 30 days, protects pre-existing liens, caps recovery against later liens at six or twelve months’ rent by land use, and limits a sublessee’s exposure to what the sublessee owed the tenant.

Full Text of § 8.01-130.6

Text size

The distress may be levied on any goods of the lessee, his assignee, or any sublessee that are found on the premises or that may have been removed from the premises not more than 30 days prior to the levy. A levy within such 30 days shall have like effect as if the goods levied on had not been removed from the leased premises. If the goods of such lessee, assignee, or sublessee, when carried on the premises, are subject to a lien that is valid against his creditors, his interest only in such goods shall be liable to such distress. If any lien is created on such goods while they are upon the leased premises, or within 30 days after such lien is created, they are liable to distress, but for not more than six months' rent if the premises are used for residential purposes, and not for farming or agriculture, and for not more than 12 months' rent if the lands or premises are used for farming or agriculture, whether such rent has accrued before or after the creation of the lien. No other goods shall be liable to distress than such as are declared to be so liable in this section, nor shall the goods of the sublessee be liable to a greater amount than such sublessee owed the tenant at the time the distress was levied.

Plain-English Summary

Section 8.01-130.6 defines what property a distress can reach. It covers goods belonging to the lessee, an assignee, or a sublessee that are on the premises, or that were carried off the premises no more than 30 days before the levy — a removal inside that window counts the same as if the goods had never left, closing off a quick move as a way to dodge distress.

Prior liens get separate protection. If the goods were already subject to a lien valid against the owner’s creditors before they were ever brought onto the premises, only that owner’s remaining interest in the goods — not the full value — is exposed to distress. Liens created after the goods arrive on the premises, or within 30 days of arriving, do not block distress the same way, but the landlord’s reach against those goods is capped: no more than six months’ rent for premises used residentially rather than for farming or agriculture, and no more than twelve months’ rent where the land is used for farming or agriculture, regardless of whether the rent accrued before or after the lien was created.

No goods beyond these categories are liable to distress at all. And where the goods belong to a sublessee, the amount recoverable is capped a second way: it cannot exceed what the sublessee owed the tenant at the time of the levy.

Frequently Asked Questions

Can a landlord seize goods a tenant moved off the premises to avoid a distress warrant?

Yes, if the move happened within 30 days of the levy. Section 8.01-130.6 treats goods removed within that window the same as goods still on the premises.

What if the tenant’s goods were already pledged as collateral to someone else before they arrived on the premises?

Section 8.01-130.6 limits distress in that case to the tenant’s own remaining interest in the goods, protecting a lien that was already valid against the tenant’s creditors before the goods came onto the premises.

How much rent can a landlord collect ahead of a lender or other lienholder whose lien attached after the goods arrived?

Up to six months’ rent for premises used residentially and not for farming, or up to twelve months’ rent for premises used for farming or agriculture, under § 8.01-130.6, whether that rent accrued before or after the lien was created.

Is the distress cap different for farm property than for a residential rental?

Yes. Section 8.01-130.6 sets a six-month cap for non-farm residential premises and a twelve-month cap for premises used for farming or agriculture.

How much of a sublessee’s property can be reached by a landlord’s distress against the head tenant?

Section 8.01-130.6 limits recovery against a sublessee’s goods to whatever amount the sublessee owed the tenant at the time the distress was levied.

Amendment History

Code 1919, § 5523; 1922, p. 863; 1932, p. 696; Code 1950, § 55-231; 2019, c. 712.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
Also known as: what property can be seized under virginia distress warrantvirginia landlord lien priority over tenant’s goodssix months rent cap virginia distresstwelve months farm rent distress virginiasublessee property seized for rent virginia