Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Virginia law, self-storage facility operators may enforce liens on abandoned personal property by following the procedures set out in Title 55.1, Chapter 25 of the Virginia Code. To validate and certify an affidavit of collection, you must complete several key steps.
1. Determine Abandonment and Lien Rights
Section 55.1-2543 defines an abandoned unit and establishes a lien for unpaid rent or charges. The property must be stored at a self-storage facility, and the occupant must be in default under the rental agreement.
2. Provide Statutory Notice
Virginia Code § 55.1-2545.3 requires written notice to the last known address of the occupant at least 14 days before the sale. The notice must include:
- A description of the unit and property;
- The amount due, including rent and fees;
- The date, time, and location of the sale;
- A statement that the occupant has a right to cure the default.
3. Prepare the Affidavit of Collection
After sending the notice and before the sale, draft an affidavit of collection that includes:
- Your name and title;
- The facility’s name and address;
- A description of the abandoned property;
- A statement of compliance with Virginia Code § 55.1-2545 et seq.;
- An attestation of your effort to contact the occupant.
4. Certify and Notarize
Sign the affidavit before a notary public. The notary must affix their official seal and signature, certifying your identity and the voluntary oath.
5. Maintain Records
Keep copies of the rental agreement, default notice, mailed return receipt (if any), the affidavit of collection, and the notary acknowledgment. Retain these records for at least two years after the sale, per § 55.1-2548(A).
Helpful Hints
- Review the full statute at Title 55.1, Chapter 25.
- Use certified mail with return receipt to document notice delivery.
- Double-check all dates to ensure compliance with the 14-day notice requirement.
- Maintain detailed property descriptions and photographs to avoid later disputes.
- Consult an attorney if the occupant challenges the sale or if the property has significant value.