Chap. 357.—An ACT to amend and re-enact sections 5523, 5524 and 5525 of the
Code of Virginia, as last amended by an act approved March 28, 1922, relating
to rents and liens and distress therefor. [H B 149]

Approved March 26, 1932

1. Be it enacted by the general assembly of Virginia, That sections
fifty-five hundred and twenty-three, fifty-five hundred and twenty-four
and fifty-five hundred and twenty-five of the Code of Virginia, as last
amended by an act approved March twenty-eighth, nineteen hundred
and twenty-two, be amended and re-enacted so as to read as follows:

Section 5523. The distress may be levied on any goods of the
lessee, or his assignee, or undertenant, found on the premises, or which
may have been removed therefrom not more than thirty days. A levy
within such thirty days shall have like effect as if the goods levied on
had not been removed from the leased premises. If the goods of such
lessee, assignee, or undertenant, when carried on the premises, are sub-
ject to a lien, which is valid against his creditors, his interest only in
such goods shall be liable to such distress. If any lien be created there-
on while they are upon the leased premises, or within thirty days there-
after, they shall be liable to distress, but for not more than six months’
rent if the premises are in a city or town, or in any subdivision of
suburban and other lands divided into building lots for residential
purposes, or of premises anywhere used for residential purposes, and
not for farming, or agriculture, and for not more than twelve months’
rent if the lands or premises are used for farming or agriculture.
whether it shall have accrued before or after the creation of the lien.
No other goods shall be liable to distress than such as are declared to
be so liable in this section, nor shall the goods of the undertenant be
liable to a greater amount than such undertenant owed the tenant at
the time the distress was levied.

Section 5524. If, after the commencement of any tenancy, a lien
be obtained or created by deed of trust, mortgage, or otherwise, upon
the interest or property in goods on premises leased or rented, of any
person liable for the rent, or the said goods be sold, the party having
such lien, or the purchaser of such goods, may remove them from the
premises on the following terms, and not otherwise, that is to say:
On the terms of paying to the person entitled to the rent so much as is
in arrear, and securing to him so much as is to become due, what is so
paid or secured not being more altogether than six months’ rent if the
premises are in a city or town, or in any subdivision of suburban and
other lands divided into building lots for residential purposes, or of
premises anywhere used for residential purposes, and not for farming
or agriculture, and not being more altogether than twelve months’ rent,
if the lands or premises are used for farming or agriculture. If the
goods be taken under legal process, the officer executing it shall, out
of the proceeds of the goods, make such payment of what is in arrear,
and as to what is to become due, he shall sell a sufficient portion of the
goods on a credit till then, taking from the purchasers bonds, with good
security, payable to the person so entitled, and delivering such bonds
to him. If the goods be not taken under legal process, such payment
and security shall be made and given before their removal. Neither
this nor the preceding section shall affect any lien for taxes, levies, or
militia fines.

For the purpose of this act a monthly or weekly tenancy shall not
be construed as a new lease for every month or week of occupation of
the premises by the tenant, but his tenancy shall be considered as a
continuance of his original lease so long as he shall continue to occupy .
the property without making any new written lease. ,

Section 5525. The preceding section is subject to the following
limitations: An undertenant, or a purchaser from him, or a creditor
holding a deed of trust, mortgage, or other encumbrance created on
his goods after they were carried on the leased premises, may remove
the same upon payment of so much of the rent contracted to be paid
by him as is in arrear, and securing the residue, not exceeding six
months’ rent, if the premises are in a city or town, or in any subdivision
of suburban and other lands divided into building lots for residential
purposes, or of premises anywhere used for residential purposes, and
not for farming or agriculture, and for not more than twelve months’
rent if the lands or premises are used for farming or agriculture; and
if the goods be taken under legal process against him, the officer execut-
ing the same shall, out of the proceeds of his goods, make payment
of so much of the rent as to which he is in arrear, and as to what is to
become due from him, shall sell sufficient of the goods upon credit
until then, taking from the purchaser bonds with good security, payable
to the party entitled to receive the same, and deliver them to him.

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