{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1242.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1242.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1242.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1242.html"}],"law_id":77626,"edition_id":1,"section_id":77626,"structure_id":15022,"section_number":"55.1-1242","catch_line":"Rent escrow required for continuance of tenant’s case","history":"1999, cc. 382, 506, \u00a7 55-248.25:1; 2009, c. 137; 2019, c. 712.","full_text":"A\n\nWhere a landlord has filed an unlawful detainer action seeking possession of the premises as provided by this chapter and the tenant seeks to obtain a continuance of the action or to set it for a contested trial, the court shall, upon request of the landlord, order the tenant to pay an amount equal to the rent that is due as of the initial court date into the court escrow account prior to granting the tenant’s request for a delayed court date. However, if the tenant asserts a good faith defense, and the court so finds, the court shall not require the rent to be escrowed. If the landlord requests a continuance or to set the case for a contested trial, the court shall not require the rent to be escrowed.B\n\nIf the court finds that the tenant has not asserted a good faith defense, the tenant shall be required to pay an amount determined by the court to be proper into the court escrow account in order for the case to be continued or set for contested trial. The court may grant the tenant a continuance of no more than one week to make full payment of the court-ordered amount into the court escrow account. If the tenant fails to pay the entire amount ordered, the court shall, upon request of the landlord, enter judgment for the landlord and enter an order of possession of the premises.C\n\nThe court shall further order that should the tenant fail to pay future rents due under the rental agreement into the court escrow account, the court shall, upon the request of the landlord, enter judgment for the landlord and enter an order of possession of the premises.D\n\nUpon motion of the landlord, the court may disburse the moneys held in the court escrow account to the landlord for payment of his mortgage or other expenses relating to the dwelling unit.E\n\nExcept as provided in subsection D, no rent required to be escrowed under this section shall be disbursed within 10 days of the date of the judgment unless otherwise agreed to by the parties. If an appeal is taken by the plaintiff, the rent held in escrow shall be transmitted to the clerk of the circuit court to be held in such court escrow account pending the outcome of the appeal.","order_by":null,"text":{"0":{"id":278467,"text":"Where a landlord has filed an unlawful detainer action seeking possession of the premises as provided by this chapter and the tenant seeks to obtain a continuance of the action or to set it for a contested trial, the court shall, upon request of the landlord, order the tenant to pay an amount equal to the rent that is due as of the initial court date into the court escrow account prior to granting the tenant’s request for a delayed court date. However, if the tenant asserts a good faith defense, and the court so finds, the court shall not require the rent to be escrowed. If the landlord requests a continuance or to set the case for a contested trial, the court shall not require the rent to be escrowed.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":278468,"text":"If the court finds that the tenant has not asserted a good faith defense, the tenant shall be required to pay an amount determined by the court to be proper into the court escrow account in order for the case to be continued or set for contested trial. The court may grant the tenant a continuance of no more than one week to make full payment of the court-ordered amount into the court escrow account. If the tenant fails to pay the entire amount ordered, the court shall, upon request of the landlord, enter judgment for the landlord and enter an order of possession of the premises.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":278469,"text":"The court shall further order that should the tenant fail to pay future rents due under the rental agreement into the court escrow account, the court shall, upon the request of the landlord, enter judgment for the landlord and enter an order of possession of the premises.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":278470,"text":"Upon motion of the landlord, the court may disburse the moneys held in the court escrow account to the landlord for payment of his mortgage or other expenses relating to the dwelling unit.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":278471,"text":"Except as provided in subsection D, no rent required to be escrowed under this section shall be disbursed within 10 days of the date of the judgment unless otherwise agreed to by the parties. If an appeal is taken by the plaintiff, the rent held in escrow shall be transmitted to the clerk of the circuit court to be held in such court escrow account pending the outcome of the appeal.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15022,"edition_id":1,"name":"Tenant Remedies","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":14100,"metadata":{},"date_created":"2026-06-26 03:51:34","date_modified":"2026-06-26 03:51:34","permalink":{"id":246041,"object_type":"structure","relational_id":15022,"identifier":"4","token":"55.1\/III\/12\/4","url":"\/55.1\/III\/12\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14100,"edition_id":1,"name":"Virginia Residential Landlord and Tenant Act","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":13073,"metadata":{},"date_created":"2026-06-26 03:46:53","date_modified":"2026-06-26 03:46:53","permalink":{"id":245885,"object_type":"structure","relational_id":14100,"identifier":"12","token":"55.1\/III\/12","url":"\/55.1\/III\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13073,"edition_id":1,"name":"Rental Conveyances","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":245883,"object_type":"structure","relational_id":13073,"identifier":"III","token":"55.1\/III","url":"\/55.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84339,"structure_id":15022,"section_number":"55.1-1234","catch_line":"Noncompliance by landlord","url":"\/55.1-1234\/","token":"55.1\/III\/12\/4\/55.1-1234","metadata":false},{"id":63784,"structure_id":15022,"section_number":"55.1-1234.1","catch_line":"Uninhabitable dwelling unit","url":"\/55.1-1234.1\/","token":"55.1\/III\/12\/4\/55.1-1234.1","metadata":false},{"id":60083,"structure_id":15022,"section_number":"55.1-1235","catch_line":"Early termination of rental agreement by military personnel","url":"\/55.1-1235\/","token":"55.1\/III\/12\/4\/55.1-1235","metadata":false},{"id":68972,"structure_id":15022,"section_number":"55.1-1236","catch_line":"Early termination of rental agreements by victims of family abuse, sexual abuse or other criminal sexual assault, or stalking","url":"\/55.1-1236\/","token":"55.1\/III\/12\/4\/55.1-1236","metadata":false},{"id":65508,"structure_id":15022,"section_number":"55.1-1237","catch_line":"Notice to tenant in event of foreclosure","url":"\/55.1-1237\/","token":"55.1\/III\/12\/4\/55.1-1237","metadata":false},{"id":76367,"structure_id":15022,"section_number":"55.1-1238","catch_line":"Failure to deliver possession","url":"\/55.1-1238\/","token":"55.1\/III\/12\/4\/55.1-1238","metadata":false},{"id":63674,"structure_id":15022,"section_number":"55.1-1239","catch_line":"Wrongful failure to supply an essential service","url":"\/55.1-1239\/","token":"55.1\/III\/12\/4\/55.1-1239","metadata":false},{"id":69167,"structure_id":15022,"section_number":"55.1-1240","catch_line":"Fire or casualty damage","url":"\/55.1-1240\/","token":"55.1\/III\/12\/4\/55.1-1240","metadata":false},{"id":78917,"structure_id":15022,"section_number":"55.1-1241","catch_line":"Landlord's noncompliance as defense to action for possession for nonpayment of rent","url":"\/55.1-1241\/","token":"55.1\/III\/12\/4\/55.1-1241","metadata":false},{"id":77626,"structure_id":15022,"section_number":"55.1-1242","catch_line":"Rent escrow required for continuance of tenant's case","url":"\/55.1-1242\/","token":"55.1\/III\/12\/4\/55.1-1242","metadata":false},{"id":66990,"structure_id":15022,"section_number":"55.1-1243","catch_line":"Repealed","url":"\/55.1-1243\/","token":"55.1\/III\/12\/4\/55.1-1243","metadata":false},{"id":59240,"structure_id":15022,"section_number":"55.1-1243.1","catch_line":"Tenant's remedies for exclusion from dwelling unit, interruption of services, or actions taken to make premises unsafe","url":"\/55.1-1243.1\/","token":"55.1\/III\/12\/4\/55.1-1243.1","metadata":false},{"id":57281,"structure_id":15022,"section_number":"55.1-1243.2","catch_line":"Tenant's remedies for exclusion from dwelling unit due to condemnation","url":"\/55.1-1243.2\/","token":"55.1\/III\/12\/4\/55.1-1243.2","metadata":false},{"id":69403,"structure_id":15022,"section_number":"55.1-1244","catch_line":"Tenant's assertion; rent escrow","url":"\/55.1-1244\/","token":"55.1\/III\/12\/4\/55.1-1244","metadata":false},{"id":58681,"structure_id":15022,"section_number":"55.1-1244.1","catch_line":"Tenant's remedy by repair","url":"\/55.1-1244.1\/","token":"55.1\/III\/12\/4\/55.1-1244.1","metadata":false}],"previous_section":{"id":78917,"structure_id":15022,"section_number":"55.1-1241","catch_line":"Landlord's noncompliance as defense to action for possession for nonpayment of rent","url":"\/55.1-1241\/","token":"55.1\/III\/12\/4\/55.1-1241","metadata":false},"next_section":{"id":66990,"structure_id":15022,"section_number":"55.1-1243","catch_line":"Repealed","url":"\/55.1-1243\/","token":"55.1\/III\/12\/4\/55.1-1243","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1242\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapters 382<\/a> and 506<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2009, chapter 137<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":246079,"object_type":"law","relational_id":77626,"identifier":"55.1-1242","token":"55.1\/III\/12\/4\/55.1-1242","url":"\/55.1-1242\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1242\/","token":"55.1\/III\/12\/4\/55.1-1242","dublin_core":{"Title":"Rent escrow required for continuance of tenant’s case","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1242","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Where a landlord<\/span> has filed an unlawful detainer action<\/span> seeking possession<\/span> of the premises<\/span> as provided by this chapter and the tenant<\/span> seeks to obtain a continuance<\/span> of the action or to set it for a contested trial<\/span>, the court<\/span> shall, upon request of the landlord<\/span>, order<\/span> the tenant<\/span> to pay an amount equal to the rent<\/span> that is due as of the initial court<\/span> date into the court<\/span> escrow account prior to granting the tenant<\/span>’s request for a delayed court<\/span> date. However, if the tenant<\/span> asserts a good faith<\/span> defense, and the court<\/span> so finds, the court<\/span> shall not require the rent<\/span> to be escrowed. If the landlord<\/span> requests a continuance<\/span> or to set the case for a contested trial<\/span>, the court<\/span> shall not require the rent<\/span> to be escrowed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the court<\/span> finds that the tenant<\/span> has not asserted a good faith<\/span> defense, the tenant<\/span> shall be required to pay an amount determined by the court<\/span> to be proper into the court<\/span> escrow account in order<\/span> for the case to be continued or set for contested trial<\/span>. The court<\/span> may grant the tenant<\/span> a continuance<\/span> of no more than one week to make full payment of the court<\/span>-ordered amount into the court<\/span> escrow account. If the tenant<\/span> fails to pay the entire amount ordered, the court<\/span> shall, upon request of the landlord<\/span>, enter judgment<\/span> for the landlord<\/span> and enter an order<\/span> of possession<\/span> of the premises<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court<\/span> shall further order<\/span> that should the tenant<\/span> fail to pay future rents<\/span> due under the rental agreement<\/span> into the court<\/span> escrow account, the court<\/span> shall, upon the request of the landlord<\/span>, enter judgment<\/span> for the landlord<\/span> and enter an order<\/span> of possession<\/span> of the premises<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon motion<\/span> of the landlord<\/span>, the court<\/span> may disburse the moneys held in the court<\/span> escrow account to the landlord<\/span> for payment of his mortgage or other expenses relating to the dwelling unit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Except as provided in subsection D, no rent<\/span> required to be escrowed under this section shall be disbursed within 10 days of the date of the judgment<\/span> unless otherwise agreed to by the parties. If an appeal<\/span> is taken by the plaintiff<\/span>, the rent<\/span> held in escrow shall be transmitted to the clerk of the circuit<\/span> court<\/span> to be held in such court<\/span> escrow account pending the outcome of the appeal<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRENT ESCROW REQUIRED FOR CONTINUANCE OF TENANT’S CASE (\u00a7 55.1-1242)\n\nA. Where a landlord has filed an unlawful detainer action seeking possession of\nthe premises as provided by this chapter and the tenant seeks to obtain a\ncontinuance of the action or to set it for a contested trial, the court shall,\nupon request of the landlord, order the tenant to pay an amount equal to the\nrent that is due as of the initial court date into the court escrow account\nprior to granting the tenant’s request for a delayed court date. However,\nif the tenant asserts a good faith defense, and the court so finds, the court\nshall not require the rent to be escrowed. If the landlord requests a\ncontinuance or to set the case for a contested trial, the court shall not\nrequire the rent to be escrowed.\n\nB. If the court finds that the tenant has not asserted a good faith defense, the\ntenant shall be required to pay an amount determined by the court to be proper\ninto the court escrow account in order for the case to be continued or set for\ncontested trial. The court may grant the tenant a continuance of no more than\none week to make full payment of the court-ordered amount into the court escrow\naccount. If the tenant fails to pay the entire amount ordered, the court shall,\nupon request of the landlord, enter judgment for the landlord and enter an order\nof possession of the premises.\n\nC. The court shall further order that should the tenant fail to pay future rents\ndue under the rental agreement into the court escrow account, the court shall,\nupon the request of the landlord, enter judgment for the landlord and enter an\norder of possession of the premises.\n\nD. Upon motion of the landlord, the court may disburse the moneys held in the\ncourt escrow account to the landlord for payment of his mortgage or other\nexpenses relating to the dwelling unit.\n\nE. Except as provided in subsection D, no rent required to be escrowed under\nthis section shall be disbursed within 10 days of the date of the judgment\nunless otherwise agreed to by the parties. If an appeal is taken by the\nplaintiff, the rent held in escrow shall be transmitted to the clerk of the\ncircuit court to be held in such court escrow account pending the outcome of the\nappeal.\n\nHISTORY: 1999, cc. 382, 506, \u00a7 55-248.25:1; 2009, c. 137; 2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}