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Statutes

"Rent of every kind may be recovered by distress or action. A landlord may also, by action, recover, when the agreement is not by deed, a reasonable satisfaction for the use and occupation of lands. On the trial of such action, if any parol demise or any agreement not by deed whereon a certain rent was reserved appears in evidence, the plaintiff shall not therefor be nonsuited, but may use the same as evidence of the amount of his debt or damages. In any action for rent, or for such use and occupation, interest shall be allowed as on other contracts. (Va. Code Ann § 8.01-130.1)

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... (Va. Code Ann § 8.01-130.6) "

Cases

The landlord’s lien is superior to liens created after the commencement of the tenancy, up to a value of up to six months’ rent for residential or commercial property, and up to a value of twelve months’ rent if the property is used for farming or agriculture.” Va. Code Ann. § 55-233 (1950, as amended). A city’s tax lien against “specific chattels on the leased premises” will subordinate the landlord’s lien. United States v. Waddill, Holland & Flinn, Inc., 182 Va. 351, 28 S.E.2d 741 (1944), (rev'd as to priority of federal claim at 323 U.S. 353, 65 S.Ct. 304, 89 L. Ed. 294 (1945)).

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Contributors

Steven L. Higgs, P.C.

The statutory information was edited and reviewed with the support of MultiState

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