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Q: “I have a tenant who was convicted and sentenced to prison. What happens to the lease? What do I do with his personal property?” 

A: Imprisonment is not an automatic statutory ground for early termination under the Virginia Residential Landlord Tenant Act. The lease stays in force, and the tenant remains liable for rent and performance unless the lease itself addresses it.  

However, if the unit sits vacant over 7 days and status is unclear, the landlord may serve written notice giving the tenant 7 days to affirm continued occupancy if the rental agreement so provides. If the tenant does not respond, the landlord has a rebuttable presumption of abandonment and the lease terminates.  

In the 7-day notice, the landlord may include a statement that any items of personal property left by the tenant will be disposed of within the 24-hour period after expiration of the seven-day notice period. Once all time periods have elapsed, the landlord may dispose of any personal property left at the dwelling. 

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