The following limitations shall apply to § 8.01-130.9: a sublessee, or a purchaser from him, or a creditor holding a deed of trust, mortgage, or other encumbrance created on his goods after they were carried on the leased premises, may remove the same upon payment of so much of the rent contracted to be paid by him as is in arrear, and securing the residue, not exceeding six months' rent, if the premises are in a city or town, or in any subdivision of suburban and other lands divided into building lots for residential purposes, or of premises anywhere 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. If the goods are taken under legal process against him, the officer executing the same shall, out of the proceeds of his goods, make payment of so much of the rent as to which he is in arrear, and as to what is to become due from him shall sell sufficient of the goods upon credit until then, taking from the purchaser bonds with good security, payable to the party entitled to receive the same, and deliver them to him.
§ 8.01-130.10.When goods of a sublessee may be removed from leased premises.
Chapter 3. Actions · Article 13.1. Warrants in Distress · Last amended 2019 · Last verified July 16, 2026
In one sentenceSection 8.01-130.10 narrows § 8.01-130.9 to a sublessee’s own goods, letting the sublessee, a purchaser from the sublessee, or a lienholder whose interest arose after the goods came onto the premises remove them by paying the sublessee’s own rent arrears and securing the rest, capped at six or twelve months depending on land use.
Full Text of § 8.01-130.10
Plain-English Summary
Section 8.01-130.10 carves out a specific rule for goods that belong to a sublessee rather than the head tenant, limiting how § 8.01-130.9 applies to them. A sublessee, someone who buys from the sublessee, or a creditor whose deed of trust, mortgage, or other lien on the sublessee’s goods was created after those goods were brought onto the leased premises, can remove the goods by paying whatever rent the sublessee contracted to pay that is already in arrears, and securing the rest, up to the same caps as § 8.01-130.9 — six months’ rent for residential premises in a city, town, or residential subdivision, and twelve months’ rent for farming or agricultural land.
Where the sublessee’s goods are taken under legal process against the sublessee, the mechanics track § 8.01-130.9 as well: the officer executing the process pays the sublessee’s arrears out of the sale proceeds, then sells enough of the remaining goods on credit, taking secured bonds from the purchasers and delivering them to whoever is entitled to receive them.
Frequently Asked Questions
How is § 8.01-130.10 different from § 8.01-130.9?
Section 8.01-130.9 sets the general rule for purchasers and lienholders removing a tenant’s goods. Section 8.01-130.10 applies that same framework specifically to goods belonging to a sublessee, measured against the sublessee’s own rent.
Whose rent arrears matter when a sublessee’s goods are being removed from the premises?
The rent the sublessee contracted to pay, not the head tenant’s rent under the primary lease. Section 8.01-130.10 ties the payment obligation to what the sublessee owes.
Is the six- or twelve-month cap the same as it is for the head tenant’s goods?
Yes. Section 8.01-130.10 applies the same caps as § 8.01-130.9: six months’ rent for residential, non-farm premises and twelve months’ rent for farming or agricultural premises.
What if the sublessee’s goods are seized through a court process rather than a private sale?
Under § 8.01-130.10, the officer executing the process pays the sublessee’s rent arrears from the sale proceeds and sells enough remaining goods on credit, taking secured bonds from the purchasers.
Can a creditor of the sublessee remove collateral from the leased premises without paying anything to the landlord?
No, if the creditor’s lien on the sublessee’s goods was created after those goods came onto the premises. Section 8.01-130.10 requires paying arrears and securing the rest before removal.
Amendment History
Code 1919, § 5525; 1922, p. 863; 1932, p. 697; Code 1950, § 55-234; 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: sublessee goods removed from leased premises virginiasublease rent arrears distress virginiavirginia code 8.01-130.10landlord rights against sublessee’s propertysubtenant goods lien virginia rent