Squatters' Rights in Virginia
Virginia rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No police-removal or affidavit procedure in the Code. An owner must use unlawful detainer: the person entitled to possession files a sworn statement with a magistrate or general district court clerk or judge describing the premises and the facts authorizing removal of the person in… Va. Code § 8.01-126(B)
The rules in Virginia
| Squatters / unauthorized occupants | No police-removal or affidavit procedure in the Code. An owner must use unlawful detainer: the person entitled to possession files a sworn statement with a magistrate or general district court clerk or judge describing the premises and the facts authorizing removal of the person in possession, and a summons issues. Self-help removal of tenants is not allowed. § 8.01-126 has a version effective July 1, 2027. Source: Va. Code § 8.01-126(B) |
|---|---|
| Belongings left behind | After the rental agreement ends and possession is delivered, property left in the unit, premises or landlord storage may be treated as abandoned and disposed of as the landlord sees fit, if the landlord gave one of: (i) a termination notice stating that property left would be disposed of within 24 hours after termination; (ii) a § 55.1-1249 notice (absence/abandonment) stating property would be disposed of within 24 hours after the 7-day notice period; or (iii) a separate written notice stating property would be disposed of 24 hours after a 10-day period. The tenant may retrieve property at reasonable times until disposal. Sale proceeds go first to amounts owed and costs; any remainder is treated as a security deposit. Does not apply after a writ of eviction is executed. Deceased sole tenant: 10 days' written notice to the authorized contact (or the tenant) before disposal. Deceased-tenant section: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1256/. Notices are given under § 55.1-1202. |
Related questions
Virginia vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| Virginia | No police-removal or affidavit procedure in the Code. An owner must use unlawful detainer: the person entitled to possession files a sworn statement with a magistrate or general district court clerk or judge describing the premises and the facts authorizing removal of the person in possession, and a summons issues. Self-help removal of tenants is not allowed. Va. Code § 8.01-126(B) | After the rental agreement ends and possession is delivered, property left in the unit, premises or landlord storage may be treated as abandoned and disposed of as the landlord sees fit, if the landlord gave one of: (i) a termination notice stating that property left would be disposed of within 24 hours after termination; (ii) a § 55.1-1249 notice (absence/abandonment) stating property would be disposed of within 24 hours after the 7-day notice period; or (iii) a separate written notice stating property would be disposed of 24 hours after a 10-day period. The tenant may retrieve property at reasonable times until disposal. Sale proceeds go first to amounts owed and costs; any remainder is treated as a security deposit. Does not apply after a writ of eviction is executed. Deceased sole tenant: 10 days' written notice to the authorized contact (or the tenant) before disposal. Va. Code § 55.1-1254; § 55.1-1256 |
| Kentucky | Police removal by petition (since June 27, 2025). An owner or authorized agent may ask a law enforcement officer to immediately remove people unlawfully occupying real property if: the occupant is not and never was a tenant and never had a written or oral agreement with the owner to occupy; the property was not open to the public when they entered; the owner told them to leave; they are not the owner's immediate family; and no litigation about the property is pending between them. The owner presents a sworn 'Petition to Remove Persons Unlawfully Occupying Real Property' (statutory form, initialed statements, with government ID or proof of agency). After verifying the petitioner's identity, the officer must without unnecessary delay serve a notice to immediately vacate (hand delivery or posting) and put the owner in possession; the officer may arrest for trespass or other cause. Sheriff/constable fee: $20. The officer may stay to keep the peace while the owner changes locks and moves the occupants' belongings to or near the property line. A wrongfully removed person may sue within 60 days for restored possession, costs, and attorney's fees. The procedure cannot be used against current or former tenants. KRS 383.290 (2025 Ky. Acts ch. 63, eff. 6-27-25) | No statute — no Kentucky statute sets a notice/storage/sale procedure for a residential tenant's belongings left after move-out or eviction. KRS 383.670 (URLTA, only where locally adopted) covers re-renting an abandoned unit but not personal property; the forcible detainer sections (KRS 383.200-.285) are silent on belongings. KRS 383.670; KRS Chapter 383 (section list checked) |
| Maryland | Wrongful detainer action in District Court against anyone who holds real property without a right to possession, where no landlord-tenant (Title 8) remedy applies. The court must summon the occupant at once, and the hearing must be held no more than 10 business days after the complaint is filed. If the occupant cannot be found after two good-faith attempts on different days, the process server files an affidavit, sends the complaint by certified and first-class mail, and posts the summons on the property. Service must be completed within 4 business days of filing. No counterclaims are allowed. If the owner wins, the court orders restitution and issues a warrant to the sheriff or constable. Damages, costs and attorney fees are available if claimed and the occupant was personally served. Either side may appeal within 10 days. Md. Code, Real Prop. § 14-132 | No statewide storage-and-sale procedure. At eviction, the warrant of restitution directs the sheriff or constable to remove the tenant's belongings. At least 6 days before the scheduled eviction, the landlord must send written notice by first-class mail with certificate of mailing, post it on the front door (with a date-stamped photo), and text or email it if the landlord has that contact information. The notice must include a statutory warning that the tenant could lose all belongings left inside and that local disposal laws vary. A lease may not let the landlord take the tenant's property unless the tenancy has ended and the property was abandoned. Disposal is governed by local law. Md. Code, Real Prop. §§ 8-401(f)(1)(i), 8-407(b), 8-208(d)(6) |
| North Carolina | Expedited court removal, effective December 1, 2025. The owner or an authorized representative files a complaint with the clerk (or a magistrate if the clerk's office is closed) in the county where the property is located; it may be addressed to 'John (and/or Jane) Doe and all Occupants'. The complaint must allege that: the occupant entered after the owner acquired the property; the property was not open to the public; the owner told the occupant to leave; the occupant is not a tenant or owner; there is no valid rental agreement or contract for deed; no rent was ever demanded or paid; and no related litigation is pending. The sheriff serves the papers personally or by posting on the front door within 24 hours. A magistrate holds a hearing within 48 hours after service. If the owner wins, the order gives possession and requires the occupant to leave within no more than 4 hours after service of the order. An occupant who appeals must post a bond of at least $10,000. Failing to leave as ordered is criminal trespass, and the owner may move leftover belongings to or near the property line. A person wrongfully removed may sue for possession and actual damages. N.C. Gen. Stat. §§ 14-159.50 to 14-159.56 (S.L. 2025-88, S.B. 55) | After eviction: once the landlord is put in possession by a writ, the landlord must hold the property for 7 days, may move it for storage but may not discard or sell it during that period, and must release it on the tenant's request. After 7 days the landlord may dispose of it or sell it. A sale requires written notice to the tenant by first-class mail at least 7 days before the sale, giving the date, time, and place and stating that any surplus goes to the tenant on request and then to the county. If the property is worth less than $500 in total, it is deemed abandoned 5 days after the writ is executed. For property worth $750 or less that is abandoned or left at an eviction, the landlord may instead give it to a nonprofit that stores it for 30 days and releases it free to the tenant. This option requires posting a notice at the unit and the rent office (30 days) and mailing it to the tenant. Abandonment is presumed 10+ days after the landlord posts a notice of suspected abandonment inside and outside the unit with no response. N.C. Gen. Stat. § 42-25.9(d)-(h); § 42-36.2 |
| Tennessee | Since July 1, 2024, an owner or authorized agent may ask the county sheriff to immediately remove an unlawful occupant of a residential dwelling, without a court case, by submitting a verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' (statutory form). Conditions: the property includes a residential dwelling; an unauthorized person entered and remains; the property was not open to the public at entry; the owner told the person to leave; the person is not a current or former tenant under a written or oral rental agreement authorized by the owner and is not an immediate family member (spouse, parent, sibling, child); and no litigation is pending between owner and occupant about the property. The sheriff verifies ownership, serves a notice to immediately vacate (hand delivery or posting on the front door), puts the owner in possession, may arrest for trespass or warrants, and may stand by (hourly fee) while locks are changed and belongings moved to the property line. A wrongfully removed person may sue (expedited hearing) for possession, actual damages, statutory damages of triple the fair market rent, costs and attorney fees. T.C.A. § 29-18-135 (added by 2024 Pub. Ch. 1009, SB 795 / HB 1259) | URLTA counties: 30+ days' unexplained absence without paying rent is prima facie abandonment, and the landlord may re-enter. Alternatively, rent 15 days late plus other signs of permanent move-out (e.g., removal of substantially all belongings or tenant shutting off utilities) is prima facie abandonment, but the landlord must first post a notice at the unit and mail it by regular mail to the unit address stating: the landlord believes the unit is abandoned; will re-enter unless the tenant makes contact within 10 days; will then remove belongings and re-rent; and will dispose of belongings not reclaimed within 30 days - with a phone number and mailing address. If the tenant responds and wants to stay, the landlord must go to court. In either case the landlord must remove and store the belongings for at least 30 days; unclaimed property may then be sold or disposed of, with proceeds applied to rent, damages, storage, sale costs and attorney fees, and any balance held 6 months. T.C.A. 66-28-405 |
| West Virginia | Under the 2025 'Stop Squatters Act' (HB 2434), a squatter (a person occupying a dwelling or structure without a lease right or the tenant's or owner's authorization; not a holdover periodic tenant or owner) is not a tenant, squatting is criminal trespass, and courts may not require an eviction. An owner or agent may submit a completed, verified complaint to a law-enforcement officer requesting immediate removal if the property was not open to the public at entry, the owner told the occupant to leave, the occupant is not a current or former owner or lawful tenant or an immediate family member, and no related litigation is pending. After preliminary fact-finding (e.g., reviewing any claimed lease, interviews) shows probable cause, the agency serves a notice to immediately vacate and puts the owner in possession, and may remove occupants who refuse or stand by during removal of belongings; a service fee applies. Squatters who cause damage commit a misdemeanor (under $1,000: up to 1 year/$2,500) or felony (over $1,000). Bad-faith complaints risk prosecution for false swearing; a wrongfully removed person may sue for possession, costs, damages and attorney's fees. W. Va. Code §§ 55-3C-1 to 55-3C-5 | If a tenant behind on rent abandons the unit, the landlord posts a written notice on the property requiring payment within one month; if unpaid, the landlord may take possession. To dispose of belongings, the landlord must post a written notice on the property and send it by first-class mail with a certificate of mailing, marked 'Please Forward', to the unit, any known P.O. box, and any forwarding address. The notice must say the property is considered abandoned, that belongings must be removed by a date at least 30 days after mailing (60 days if the tenant said they are on active military duty), and that unremoved property becomes the landlord's. If the property is worth more than $300 and the tenant or a secured party says they intend to remove it, the landlord must store it up to 30 more days, at their cost for reasonable storage and removal. W. Va. Code § 37-6-6 |
| District of Columbia | No squatter-specific statute identified. The possession statute covers anyone who 'detains possession of real property without right': the owner files a verified complaint in D.C. Superior Court for restitution of possession, and removal happens only by court judgment and writ executed by the U.S. Marshals. D.C. Code § 16-1501(a) | The housing provider must send a final notice at least 21 days before the eviction date (by phone/e-mail/text, first-class mail, and posting) warning that property left in the unit will be deemed abandoned 7 days after the eviction. On eviction day the locks are changed and a second notice is mailed to any emergency contact and posted. Belongings stay in the unit for 7 days (excluding Sundays and federal holidays), with reasonable care; the tenant must be given access for at least 16 hours between 8 a.m. and 6 p.m. over up to 2 days, without paying rent or fees. After 7 days the property is abandoned and may be disposed of, but never placed on the street or in outdoor space other than a lawful disposal site. Missing notices entitle the tenant to an injunction staying the eviction. D.C. Code § 42-3505.01a |
City rules that may add to state law
More Virginia rental law
- Virginia Security Deposit Law
- Virginia Eviction Laws
- Virginia Notice to Vacate Rules
- Landlord Entry Rules in Virginia
- Virginia Repairs & Tenant Remedies
- Virginia Rent Increase & Late Fee Laws
- Breaking a Lease in Virginia
- Virginia Rental Fee Rules
- Virginia Section 8, Records & Right to Counsel
- Virginia Mold, Pests, Heat & AC Rules
- Virginia Privacy, Guests & Animal Rules
- Virginia Landlord Selling the House
- Virginia Lockouts, Utility Shutoffs & Retaliation
- Virginia Subletting, Lease Endings & Tenant Death
- All Virginia landlord-tenant rules
- Free legal help in Virginia
Compare squatters & abandoned property in all 50 states and DC →
Squatters' Rights in Virginia FAQ
How do you remove a squatter in Virginia?
No police-removal or affidavit procedure in the Code. An owner must use unlawful detainer: the person entitled to possession files a sworn statement with a magistrate or general district court clerk or judge describing the premises and the facts authorizing removal of the person in possession, and a summons issues. Self-help removal of tenants is not allowed. (Va. Code § 8.01-126(B))
What can a landlord do with a tenant's abandoned property in Virginia?
After the rental agreement ends and possession is delivered, property left in the unit, premises or landlord storage may be treated as abandoned and disposed of as the landlord sees fit, if the landlord gave one of: (i) a termination notice stating that property left would be disposed of within 24 hours after termination; (ii) a § 55.1-1249 notice (absence/abandonment) stating property would be disposed of within 24 hours after the 7-day notice period; or (iii) a separate written notice stating property would be disposed of 24 hours after a 10-day period. The tenant may retrieve property at reasonable times until disposal. Sale proceeds go first to amounts owed and costs; any remainder is treated as a security deposit. Does not apply after a writ of eviction is executed. Deceased sole tenant: 10 days' written notice to the authorized contact (or the tenant) before disposal. (Va. Code § 55.1-1254; § 55.1-1256)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.