§ 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
Full Text of § 8.01-130.6
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.