§ 8.01-156.Authority of sheriffs, etc., to store and sell personal property removed from premises; recovery of possession by owner; disposition or sale.

Section 8.01-156 addresses a practical problem that comes up once a judgment for possession is enforced: what happens to personal belongings still on the property. When personal property is removed from premises under an unlawful detainer, ejectment, or similar action restoring the premises to the person entitled to them, the sheriff oversees that removal. The property goes into a storage area the locality has designated, or, for a manufactured home, into an area the real property owner designates at that owner’s request, unless the property’s owner removes it from the public way. Neither the sheriff nor the real property owner is liable for the loss of a manufactured home left on its lot, or for the loss of removed personal property generally.

Before reclaiming stored property, its owner must pay the reasonable and necessary costs of removal and storage. If the owner does not pay within thirty days of the property going into storage, the sheriff, after notifying the owner and any lienholders of record, disposes of it through a publicly advertised sale. Sale proceeds cover the costs of removal, storage, and sale, along with fees and liens, and any remaining balance goes to the person entitled to it. If those costs exceed the sale proceeds, the county or city reimburses the sheriff for the shortfall — except that excess costs tied to disposing of a manufactured home fall on the real property owner. For a manufactured home, the sheriff may require the real property owner to prepay the estimated removal and disposal costs before acting, with the sheriff reimbursing any overpayment or requesting more if actual costs run higher.