Cal. Civ. Code § 55.1-1256
Disposal of property of deceased tenants.
Operative Text
A. If a tenant who is the sole tenant under a written rental agreement still residing in the dwelling unit dies, and there is no person authorized by order of the circuit court to handle probate matters for the deceased tenant, the landlord may dispose of the personal property left in the dwelling unit or upon the premises. However, the landlord shall give at least 10 days' written notice to (i) the person identified in the rental application, lease agreement, or other landlord document as the authorized person to contact in the event of the death or emergency of the tenant or (ii) the tenant in accordance with § 55.1-1202 if no such person is identified in the rental application, lease agreement, or other landlord document as the authorized contact person. The notice given under clause (i) or (ii) shall include a statement that any items of personal property left in the premises would be treated as abandoned property and disposed of in accordance with the provisions of § 55.1-1254 , if not claimed within 10 days. Authorized occupants, or guests or invitees, are not allowed to occupy the dwelling unit after the death of the sole remaining tenant and shall vacate the dwelling unit prior to the end of the 10-day period. B. The landlord may request that such authorized contact person provide reasonable proof of identification. Thereafter, the authorized contact person identified in the rental application, lease agreement, or other landlord document may (i) have access to the dwelling unit or the premises and to the tenant records maintained by the landlord and (ii) rightfully claim the personal property of the deceased tenant and otherwise handle the affairs of the deceased tenant with the landlord. C. The rental agreement is deemed to be terminated by the landlord as of the date of death of the tenant who is the sole tenant under a written rental agreement still residing in the dwelling unit, and the landlord shall not be required to seek an order of possession from a court of competent jurisdiction. The estate of the tenant shall remain liable for actual damages under § 55.1-1251 , and the landlord shall mitigate such damages.
Virginia Code § 55.1-1256 addresses what happens to a deceased tenant's belongings and rental agreement when that tenant was the sole occupant under a written lease. When no court-authorized representative exists to handle the estate, the landlord is permitted to treat remaining personal property as abandoned and dispose of it, but only after providing at least 10 days' written notice to an emergency contact named in the lease or, if none exists, to the tenant's address as prescribed by § 55.1-1202. The rental agreement itself is automatically terminated as of the date of death, meaning no court eviction order is needed, though the tenant's estate may still owe the landlord for actual damages, which the landlord must take reasonable steps to minimize. Any authorized occupants, guests, or invitees lose the right to remain in the unit and must vacate within that same 10-day window.
Plain English — not legal advice.
Under Va. Code § 55.1-1256, operators managing a property where the sole tenant has died and no probate representative has been appointed generally document the emergency contact listed in the rental application or lease, then deliver written notice—at least 10 days in advance—stating that unclaimed personal property will be treated as abandoned under § 55.1-1254. Compliant landlords also verify the identity of any authorized contact person before granting access to the unit or tenant records, and they treat the lease as terminated as of the date of death without seeking a court possession order. Because the estate may still be liable for actual damages under § 55.1-1251, landlords are expected to take reasonable steps to re-rent or otherwise mitigate losses rather than letting damages accumulate.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Virginia Code § 55.1-1256 gives family members or other individuals named as emergency contacts in a lease important rights when a sole tenant dies—including the ability to access the unit, review tenant records, and claim the deceased's personal property after providing reasonable proof of identification to the landlord. If you believe you are the authorized contact person for a deceased tenant, understanding the 10-day notice period and the abandoned-property provisions of § 55.1-1254 can help you act within the timeframe the law contemplates. Tenant-rights organizations or a legal aid office familiar with Virginia landlord-tenant law can help clarify what documentation landlords may lawfully request and what options exist if a landlord does not follow the notice requirements of this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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