{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-126.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-126.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-126.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-126.html"}],"law_id":56320,"edition_id":1,"section_id":56320,"structure_id":14682,"section_number":"8.01-126","catch_line":"Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court","history":"Code 1950, \u00a7 8-791; 1954, c. 333; 1966, c. 436; 1968, c. 639; 1972, c. 397; 1975, c. 235; 1977, c. 617; 1978, c. 344; 1980, c. 502; 2000, c. 1055; 2008, cc. 551, 691; 2012, c. 788; 2013, c. 63; 2014, c. 168; 2015, c. 547; 2017, c. 481; 2018, c. 255; 2019, cc. 130, 132; 2022, c. 467; 2024, cc. 268, 331.","full_text":"A\n\nFor the purposes of this section, “termination notice” means a notice given under § 55.1-1245 or other notice of termination of tenancy given by the landlord to the tenant of a dwelling unit, or any notice of termination given by a landlord to a tenant of a nonresidential premises.B\n\nIn any case when possession of any house, land or tenement is unlawfully detained by the person in possession thereof, the landlord, his agent, attorney, or other person, entitled to the possession may present to a magistrate or a clerk or judge of a general district court a statement under oath of the facts which authorize the removal of the tenant or other person in possession, describing such premises; and thereupon such magistrate, clerk or judge shall issue his summons against the person or persons named in such affidavit. The process issued upon any such summons issued by a magistrate, clerk or judge may be served as provided in § 8.01-293, 8.01-296, or 8.01-299. When issued by a magistrate it may be returned to and the case heard and determined by the judge of a general district court. If the summons for unlawful detainer is filed to terminate a tenancy pursuant to the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.), the initial hearing on such summons shall occur as soon as practicable, but not more than 21 days from the date of filing. If the case cannot be heard within 21 days from the date of filing, the initial hearing shall be held as soon as practicable, but in no event later than 30 days after the date of the filing. If the plaintiff requests that the initial hearing be set on a date later than 21 days from the date of filing, the initial hearing shall be set on a date the plaintiff is available that is also available for the court. Such summons shall be served at least 10 days before the return day thereof. If a summons for unlawful detainer is filed by an owner of a residential single family dwelling unit in the Commonwealth and the court finds based upon the evidence that (i) no rental agreement exists or has ever existed between the owner and the occupant; (ii) the occupant occupies such dwelling unit without permission of such owner; and (iii) the owner has given such occupant a written notice to vacate such dwelling unit at least 72 hours prior to the date of filing, an emergency hearing on such summons shall occur as soon as practicable, but not more than 14 days from the date of filing. If the case cannot be heard within 14 days from the date of filing, the emergency hearing shall be held as soon as practicable, but in no event later than 30 days after the date of the filing.C\n\nAny summons issued pursuant to the provisions of this section shall contain a notice to the tenant that, pursuant to the provisions of § 18.2-465.1, it is unlawful for his employer to discharge him from employment or take any adverse personnel action against him as a result of his absence from employment due to appearing at any initial or subsequent hearing on such summons, provided that he has given reasonable notice of such hearing to his employer.D\n\nThe court shall not enter an order of possession unless the plaintiff, plaintiff’s attorney, or agent has presented a copy of a proper termination notice issued to the defendant and the court has entered such notice into evidence.E\n\nNotwithstanding any rule of court or provision of law to the contrary, the plaintiff, plaintiff’s attorney, or agent in an unlawful detainer case may submit into evidence a photocopy of a properly executed paper document or paper printout of an electronically stored document including a copy of the original lease or other documents, provided that the plaintiff provides an affidavit or sworn testimony that the copy of such document is a true and accurate copy of the original lease. If the defendant fails to appear in court, the plaintiff, plaintiff’s attorney, or agent may introduce into evidence by an affidavit or sworn testimony a statement of the amount of outstanding rent, late charges, attorney fees, costs, and any other charges or damages as contracted for in the rental agreement that are due and owing as of the date of the hearing. The plaintiff, plaintiff’s attorney, or agent shall advise the court of any payments made by or on behalf of the defendant that result in a reduction of the amount due and owing to the plaintiff.F\n\n1. The plaintiff may include on the summons for unlawful detainer a request for all amounts due and owing as of the date of the hearing and the approximate amount the defendant may owe as of the date of the hearing if the defendant makes no payments prior to the date of such hearing. Notwithstanding any rule of court or provision of law to the contrary, if such request is made on the summons for unlawful detainer, the court shall permit amendment of the amount requested on the summons for unlawful detainer filed in court in accordance with the evidence and the amounts contracted for in the rental agreement. If the plaintiff makes such a request and additional amounts become due and owing prior to the final disposition of a pending unlawful detainer, a plaintiff may amend the amount in an unlawful detainer to request all amounts due and owing as of the date of final disposition.\n\t\t\tIf, however, the plaintiff has not included on the summons for unlawful detainer a request for all amounts due and owing as of the date of the hearing, the court may permit the plaintiff to amend the amount requested on the summons for unlawful detainer upon finding that (i) the evidence accurately sets forth the amount due and owing to the plaintiff, (ii) the plaintiff provided the defendant with a separate written notice of additional amounts due and owing as of the date of the hearing and of the plaintiff’s intent to amend the amount requested on the summons, and (iii) the defendant had the opportunity at court to object to any additional amounts claimed.2\n\nIf the plaintiff requests on the summons for unlawful detainer all amounts due and owing as of the date of the hearing or if the court grants an amendment of the amounts requested on the summons for unlawful detainer, the plaintiff shall not subsequently file additional unlawful detainers or warrants in debt against the defendant for such additional amounts if those amounts could have been included in the amended amount. Any such subsequent unlawful detainers or warrants in debt filed for amounts that were included in the amended amount shall be dismissed. Nothing in this section shall preclude the plaintiff from filing an unlawful detainer for a non-rent lease violation during the pendency of an unlawful detainer for nonpayment of rent or from filing a warrant in debt for amounts unrelated to the unlawful detainer against the defendant.3\n\nIn determining the amount due the plaintiff as of the date of the hearing, if the rental agreement or lease provides that rent is due and payable on the first of the month in advance for the entire month, at the request of the plaintiff or the plaintiff’s attorney or agent, the amount due as of the date of the hearing shall include the rent due for the entire month in which the hearing is held, and rent shall not be prorated as of the actual court date. Otherwise, the rent shall be prorated as of the date of the hearing. However, nothing herein shall be construed to permit a landlord to collect rent in excess of the amount stated in such rental agreement or lease. If a money judgment has been granted for the amount due for the month of the hearing pursuant to this section and the landlord re-rents such dwelling unit and receives rent from a new tenant prior to the end of such month, the landlord is required to reflect the applicable portion of the judgment as satisfied pursuant to § 16.1-94.01.4\n\nIf, on the date of a foreclosure sale of a single-family residential dwelling unit, the former owner remains in possession of such dwelling unit, such former owner becomes a tenant at sufferance. Such tenancy may be terminated by a written termination notice from the successor owner given to such tenant at least three days prior to the effective date of termination. Upon the expiration of the three-day period, the successor owner may file an unlawful detainer under this section. Such tenant shall be responsible for payment of fair market rental from the date of such foreclosure until the date the tenant vacates the dwelling unit, as well as damages, and for payment of reasonable attorney fees and court costs.","order_by":null,"text":{"0":{"id":206273,"text":"For the purposes of this section, “termination notice” means a notice given under § 55.1-1245 or other notice of termination of tenancy given by the landlord to the tenant of a dwelling unit, or any notice of termination given by a landlord to a tenant of a nonresidential premises.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":206274,"text":"In any case when possession of any house, land or tenement is unlawfully detained by the person in possession thereof, the landlord, his agent, attorney, or other person, entitled to the possession may present to a magistrate or a clerk or judge of a general district court a statement under oath of the facts which authorize the removal of the tenant or other person in possession, describing such premises; and thereupon such magistrate, clerk or judge shall issue his summons against the person or persons named in such affidavit. The process issued upon any such summons issued by a magistrate, clerk or judge may be served as provided in § 8.01-293, 8.01-296, or 8.01-299. When issued by a magistrate it may be returned to and the case heard and determined by the judge of a general district court. If the summons for unlawful detainer is filed to terminate a tenancy pursuant to the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.), the initial hearing on such summons shall occur as soon as practicable, but not more than 21 days from the date of filing. If the case cannot be heard within 21 days from the date of filing, the initial hearing shall be held as soon as practicable, but in no event later than 30 days after the date of the filing. If the plaintiff requests that the initial hearing be set on a date later than 21 days from the date of filing, the initial hearing shall be set on a date the plaintiff is available that is also available for the court. Such summons shall be served at least 10 days before the return day thereof. If a summons for unlawful detainer is filed by an owner of a residential single family dwelling unit in the Commonwealth and the court finds based upon the evidence that (i) no rental agreement exists or has ever existed between the owner and the occupant; (ii) the occupant occupies such dwelling unit without permission of such owner; and (iii) the owner has given such occupant a written notice to vacate such dwelling unit at least 72 hours prior to the date of filing, an emergency hearing on such summons shall occur as soon as practicable, but not more than 14 days from the date of filing. If the case cannot be heard within 14 days from the date of filing, the emergency hearing shall be held as soon as practicable, but in no event later than 30 days after the date of the filing.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":206275,"text":"Any summons issued pursuant to the provisions of this section shall contain a notice to the tenant that, pursuant to the provisions of § 18.2-465.1, it is unlawful for his employer to discharge him from employment or take any adverse personnel action against him as a result of his absence from employment due to appearing at any initial or subsequent hearing on such summons, provided that he has given reasonable notice of such hearing to his employer.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":206276,"text":"The court shall not enter an order of possession unless the plaintiff, plaintiff’s attorney, or agent has presented a copy of a proper termination notice issued to the defendant and the court has entered such notice into evidence.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":206277,"text":"Notwithstanding any rule of court or provision of law to the contrary, the plaintiff, plaintiff’s attorney, or agent in an unlawful detainer case may submit into evidence a photocopy of a properly executed paper document or paper printout of an electronically stored document including a copy of the original lease or other documents, provided that the plaintiff provides an affidavit or sworn testimony that the copy of such document is a true and accurate copy of the original lease. If the defendant fails to appear in court, the plaintiff, plaintiff’s attorney, or agent may introduce into evidence by an affidavit or sworn testimony a statement of the amount of outstanding rent, late charges, attorney fees, costs, and any other charges or damages as contracted for in the rental agreement that are due and owing as of the date of the hearing. The plaintiff, plaintiff’s attorney, or agent shall advise the court of any payments made by or on behalf of the defendant that result in a reduction of the amount due and owing to the plaintiff.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":206278,"text":"1. The plaintiff may include on the summons for unlawful detainer a request for all amounts due and owing as of the date of the hearing and the approximate amount the defendant may owe as of the date of the hearing if the defendant makes no payments prior to the date of such hearing. Notwithstanding any rule of court or provision of law to the contrary, if such request is made on the summons for unlawful detainer, the court shall permit amendment of the amount requested on the summons for unlawful detainer filed in court in accordance with the evidence and the amounts contracted for in the rental agreement. If the plaintiff makes such a request and additional amounts become due and owing prior to the final disposition of a pending unlawful detainer, a plaintiff may amend the amount in an unlawful detainer to request all amounts due and owing as of the date of final disposition.\n\t\t\tIf, however, the plaintiff has not included on the summons for unlawful detainer a request for all amounts due and owing as of the date of the hearing, the court may permit the plaintiff to amend the amount requested on the summons for unlawful detainer upon finding that (i) the evidence accurately sets forth the amount due and owing to the plaintiff, (ii) the plaintiff provided the defendant with a separate written notice of additional amounts due and owing as of the date of the hearing and of the plaintiff’s intent to amend the amount requested on the summons, and (iii) the defendant had the opportunity at court to object to any additional amounts claimed.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F2"},"6":{"id":206279,"text":"If the plaintiff requests on the summons for unlawful detainer all amounts due and owing as of the date of the hearing or if the court grants an amendment of the amounts requested on the summons for unlawful detainer, the plaintiff shall not subsequently file additional unlawful detainers or warrants in debt against the defendant for such additional amounts if those amounts could have been included in the amended amount. Any such subsequent unlawful detainers or warrants in debt filed for amounts that were included in the amended amount shall be dismissed. Nothing in this section shall preclude the plaintiff from filing an unlawful detainer for a non-rent lease violation during the pendency of an unlawful detainer for nonpayment of rent or from filing a warrant in debt for amounts unrelated to the unlawful detainer against the defendant.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F","next_prefix":"F3"},"7":{"id":206280,"text":"In determining the amount due the plaintiff as of the date of the hearing, if the rental agreement or lease provides that rent is due and payable on the first of the month in advance for the entire month, at the request of the plaintiff or the plaintiff’s attorney or agent, the amount due as of the date of the hearing shall include the rent due for the entire month in which the hearing is held, and rent shall not be prorated as of the actual court date. Otherwise, the rent shall be prorated as of the date of the hearing. However, nothing herein shall be construed to permit a landlord to collect rent in excess of the amount stated in such rental agreement or lease. If a money judgment has been granted for the amount due for the month of the hearing pursuant to this section and the landlord re-rents such dwelling unit and receives rent from a new tenant prior to the end of such month, the landlord is required to reflect the applicable portion of the judgment as satisfied pursuant to § 16.1-94.01.","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"8":{"id":206281,"text":"If, on the date of a foreclosure sale of a single-family residential dwelling unit, the former owner remains in possession of such dwelling unit, such former owner becomes a tenant at sufferance. Such tenancy may be terminated by a written termination notice from the successor owner given to such tenant at least three days prior to the effective date of termination. Upon the expiration of the three-day period, the successor owner may file an unlawful detainer under this section. Such tenant shall be responsible for payment of fair market rental from the date of such foreclosure until the date the tenant vacates the dwelling unit, as well as damages, and for payment of reasonable attorney fees and court costs.","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3"}},"ancestry":[{"id":14682,"edition_id":1,"name":"Unlawful Entry and Detainer","identifier":"13","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:49:19","date_modified":"2026-06-26 03:49:19","permalink":{"id":279773,"object_type":"structure","relational_id":14682,"identifier":"13","token":"8.01\/3\/13","url":"\/8.01\/3\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80335,"structure_id":14682,"section_number":"8.01-124","catch_line":"Motion for judgment in circuit court for unlawful entry or detainer","url":"\/8.01-124\/","token":"8.01\/3\/13\/8.01-124","metadata":false},{"id":59353,"structure_id":14682,"section_number":"8.01-125","catch_line":"When summons returnable to circuit court; jury","url":"\/8.01-125\/","token":"8.01\/3\/13\/8.01-125","metadata":false},{"id":56320,"structure_id":14682,"section_number":"8.01-126","catch_line":"Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court","url":"\/8.01-126\/","token":"8.01\/3\/13\/8.01-126","metadata":false},{"id":65750,"structure_id":14682,"section_number":"8.01-127","catch_line":"Repealed","url":"\/8.01-127\/","token":"8.01\/3\/13\/8.01-127","metadata":false},{"id":75626,"structure_id":14682,"section_number":"8.01-128","catch_line":"Verdict and judgment; damages","url":"\/8.01-128\/","token":"8.01\/3\/13\/8.01-128","metadata":false},{"id":69380,"structure_id":14682,"section_number":"8.01-129","catch_line":"Appeal from judgment of general district court","url":"\/8.01-129\/","token":"8.01\/3\/13\/8.01-129","metadata":false},{"id":72865,"structure_id":14682,"section_number":"8.01-130","catch_line":"Judgment not to bar action of trespass, ejectment, or unlawful detainer","url":"\/8.01-130\/","token":"8.01\/3\/13\/8.01-130","metadata":false},{"id":56305,"structure_id":14682,"section_number":"8.01-130.01","catch_line":"Unlawful detainer; expungement","url":"\/8.01-130.01\/","token":"8.01\/3\/13\/8.01-130.01","metadata":false}],"previous_section":{"id":59353,"structure_id":14682,"section_number":"8.01-125","catch_line":"When summons returnable to circuit court; jury","url":"\/8.01-125\/","token":"8.01\/3\/13\/8.01-125","metadata":false},"next_section":{"id":65750,"structure_id":14682,"section_number":"8.01-127","catch_line":"Repealed","url":"\/8.01-127\/","token":"8.01\/3\/13\/8.01-127","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-126\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 19 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 1954, chapter 333; in 1966, chapter 436; in 1968, chapter 639; in 1972, chapter 397; in 1975, chapter 235; in 1977, chapter 617; in 1978, chapter 344; in 1980, chapter 502; in 2000, chapter 1055<\/a>; in 2008, chapters 551<\/a> and 691<\/a>; in 2012, chapter 788<\/a>; in 2013, chapter 63<\/a>; in 2014, chapter 168<\/a>; in 2015, chapter 547<\/a>; in 2017, chapter 481<\/a>; in 2018, chapter 255<\/a>; in 2019, chapters 130<\/a> and 132<\/a>; in 2022, chapter 467<\/a>; in 2024, chapters 268<\/a> and 331<\/a>.<\/p>","references":[{"id":81763,"section_number":"55.1-1209","catch_line":"Confidentiality of tenant records","order_by":null,"url":"\/55.1-1209\/"},{"id":73723,"section_number":"55.1-1230","catch_line":"Access following entry of certain court orders","order_by":null,"url":"\/55.1-1230\/"},{"id":60662,"section_number":"55.1-1245","catch_line":"(Effective the later of July 1, 2028, or 7 years after the COVID-19 pandemic state of emergency expires) Noncompliance with rental agreement; monetary penalty","order_by":null,"url":"\/55.1-1245\/"},{"id":85575,"section_number":"55.1-1250","catch_line":"Landlord's acceptance of rent with reservation; tenant's right of redemption","order_by":null,"url":"\/55.1-1250\/"},{"id":69380,"section_number":"8.01-129","catch_line":"Appeal from judgment of general district court","order_by":null,"url":"\/8.01-129\/"},{"id":71253,"section_number":"8.01-454","catch_line":"Judgment, when satisfied, to be so noted by creditor","order_by":null,"url":"\/8.01-454\/"}],"refers_to":[{"id":55703,"section_number":"18.2-465.1","catch_line":"Penalizing employee for court appearance or service on jury panel","order_by":null,"url":"\/18.2-465.1\/"},{"id":61413,"section_number":"55.1-1200","catch_line":"Definitions","order_by":null,"url":"\/55.1-1200\/"},{"id":60662,"section_number":"55.1-1245","catch_line":"(Effective the later of July 1, 2028, or 7 years after the COVID-19 pandemic state of emergency expires) Noncompliance with rental agreement; monetary penalty","order_by":null,"url":"\/55.1-1245\/"},{"id":72321,"section_number":"8.01-293","catch_line":"Authorization to serve process, capias or show cause order; execute writ of possession or eviction and levy upon property","order_by":null,"url":"\/8.01-293\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"},{"id":76632,"section_number":"8.01-299","catch_line":"How process served on domestic stock corporations, nonstock corporations, and limited liability companies generally","order_by":null,"url":"\/8.01-299\/"}],"permalink":{"id":279783,"object_type":"law","relational_id":56320,"identifier":"8.01-126","token":"8.01\/3\/13\/8.01-126","url":"\/8.01-126\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-126\/","token":"8.01\/3\/13\/8.01-126","dublin_core":{"Title":"Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-126","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section, “termination notice<\/span>” means a notice given under § 55.1-1245<\/a> or other notice of termination of tenancy given by the landlord to the tenant of a dwelling unit, or any notice of termination given by a landlord to a tenant of a nonresidential premises. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any case when possession<\/span> of any house, land or tenement is unlawfully detained by the person<\/span> in possession<\/span> thereof, the landlord, his agent, attorney, or other person<\/span>, entitled to the possession<\/span> may present to a magistrate<\/span> or a clerk or judge<\/span> of a general district court<\/span> a statement under oath<\/span> of the facts<\/span> which authorize the removal of the tenant or other person<\/span> in possession<\/span>, describing such premises; and thereupon such magistrate<\/span>, clerk or judge<\/span> shall issue<\/span> his summons<\/span> against the person<\/span> or persons<\/span> named in such affidavit<\/span>. The process issued upon any such summons<\/span> issued by a magistrate<\/span>, clerk or judge<\/span> may be served as provided in § 8.01-293<\/a>, 8.01-296<\/a>, or 8.01-299<\/a>. When issued by a magistrate<\/span> it may be returned to and the case heard and determined by the judge<\/span> of a general district court<\/span>. If the summons<\/span> for unlawful detainer<\/span> is filed to terminate a tenancy pursuant to the Virginia Residential Landlord and Tenant Act (§ 55.1-1200<\/a> et seq.), the initial hearing<\/span> on such summons<\/span> shall occur as soon as practicable, but not more than 21 days from the date of filing. If the case cannot be heard within 21 days from the date of filing, the initial hearing<\/span> shall be held as soon as practicable, but in no event later than 30 days after the date of the filing. If the plaintiff<\/span> requests that the initial hearing<\/span> be set on a date later than 21 days from the date of filing, the initial hearing<\/span> shall be set on a date the plaintiff<\/span> is available that is also available for the court<\/span>. Such summons<\/span> shall be served at least 10 days before the return day thereof. If a summons<\/span> for unlawful detainer<\/span> is filed by an owner of a residential single family dwelling unit in the Commonwealth and the court<\/span> finds based upon the evidence<\/span> that (i) no rental agreement exists or has ever existed between the owner and the occupant; (ii) the occupant occupies such dwelling unit without permission of such owner; and (iii) the owner has given such occupant a written notice to vacate such dwelling unit at least 72 hours prior to the date of filing, an emergency hearing<\/span> on such summons<\/span> shall occur as soon as practicable, but not more than 14 days from the date of filing. If the case cannot be heard within 14 days from the date of filing, the emergency hearing<\/span> shall be held as soon as practicable, but in no event later than 30 days after the date of the filing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any summons<\/span> issued pursuant to the provisions of this section shall contain a notice to the tenant that, pursuant to the provisions of § 18.2-465.1<\/a>, it is unlawful for his employer to discharge him from employment or take any adverse personnel action<\/span> against him as a result of his absence from employment due to appearing at any initial or subsequent hearing<\/span> on such summons<\/span>, provided that he has given reasonable notice of such hearing<\/span> to his employer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The court<\/span> shall not enter an order<\/span> of possession<\/span> unless the plaintiff<\/span>, plaintiff<\/span>’s attorney, or agent has presented a copy of a proper termination notice<\/span> issued to the defendant<\/span> and the court<\/span> has entered such notice into evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding any rule of court<\/span> or provision of law<\/span> to the contrary, the plaintiff<\/span>, plaintiff<\/span>’s attorney, or agent in an unlawful detainer<\/span> case may submit into evidence<\/span> a photocopy of a properly executed paper document or paper printout of an electronically stored document including a copy of the original lease or other documents, provided that the plaintiff<\/span> provides an affidavit<\/span> or sworn testimony<\/span> that the copy of such document is a true and accurate copy of the original lease. If the defendant<\/span> fails to appear in court<\/span>, the plaintiff<\/span>, plaintiff<\/span>’s attorney, or agent may introduce into evidence<\/span> by an affidavit<\/span> or sworn testimony<\/span> a statement of the amount of outstanding rent, late charges, attorney fees, costs, and any other charges or damages<\/span> as contracted for in the rental agreement that are due and owing as of the date of the hearing<\/span>. The plaintiff<\/span>, plaintiff<\/span>’s attorney, or agent shall advise the court<\/span> of any payments made by or on behalf of the defendant<\/span> that result in a reduction of the amount due and owing to the plaintiff<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> 1. The plaintiff<\/span> may include on the summons<\/span> for unlawful detainer<\/span> a request for all amounts due and owing as of the date of the hearing<\/span> and the approximate amount the defendant<\/span> may owe as of the date of the hearing<\/span> if the defendant<\/span> makes no payments prior to the date of such hearing<\/span>. Notwithstanding any rule of court<\/span> or provision of law<\/span> to the contrary, if such request is made on the summons<\/span> for unlawful detainer<\/span>, the court<\/span> shall permit amendment of the amount requested on the summons<\/span> for unlawful detainer<\/span> filed in court<\/span> in accordance with the evidence<\/span> and the amounts contracted for in the rental agreement. If the plaintiff<\/span> makes such a request and additional amounts become due and owing prior to the final disposition<\/span> of a pending unlawful detainer<\/span>, a plaintiff<\/span> may amend<\/span> the amount in an unlawful detainer<\/span> to request all amounts due and owing as of the date of final disposition<\/span>.\n\t\t\tIf, however, the plaintiff<\/span> has not included on the summons<\/span> for unlawful detainer<\/span> a request for all amounts due and owing as of the date of the hearing<\/span>, the court<\/span> may permit the plaintiff<\/span> to amend<\/span> the amount requested on the summons<\/span> for unlawful detainer<\/span> upon finding<\/span> that (i) the evidence<\/span> accurately sets forth the amount due and owing to the plaintiff<\/span>, (ii) the plaintiff<\/span> provided the defendant<\/span> with a separate written notice of additional amounts due and owing as of the date of the hearing<\/span> and of the plaintiff<\/span>’s intent<\/span> to amend<\/span> the amount requested on the summons<\/span>, and (iii) the defendant<\/span> had the opportunity at court<\/span> to object<\/span> to any additional amounts claimed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the plaintiff<\/span> requests on the summons<\/span> for unlawful detainer<\/span> all amounts due and owing as of the date of the hearing<\/span> or if the court<\/span> grants an amendment of the amounts requested on the summons<\/span> for unlawful detainer<\/span>, the plaintiff<\/span> shall not subsequently file additional unlawful detainers<\/span> or warrants in debt against the defendant<\/span> for such additional amounts if those amounts could have been included in the amended amount. Any such subsequent unlawful detainers<\/span> or warrants in debt filed for amounts that were included in the amended amount shall be dismissed. Nothing in this section shall preclude the plaintiff<\/span> from filing an unlawful detainer<\/span> for a non-rent lease violation during the pendency of an unlawful detainer<\/span> for nonpayment of rent or from filing a warrant in debt for amounts unrelated to the unlawful detainer<\/span> against the defendant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In determining the amount due the plaintiff<\/span> as of the date of the hearing<\/span>, if the rental agreement or lease provides that rent is due and payable on the first of the month in advance for the entire month, at the request of the plaintiff<\/span> or the plaintiff<\/span>’s attorney or agent, the amount due as of the date of the hearing<\/span> shall include the rent due for the entire month in which the hearing<\/span> is held, and rent shall not be prorated as of the actual court<\/span> date. Otherwise, the rent shall be prorated as of the date of the hearing<\/span>. However, nothing herein shall be construed to permit a landlord to collect rent in excess of the amount stated in such rental agreement or lease. If a money judgment<\/span> has been granted for the amount due for the month of the hearing<\/span> pursuant to this section and the landlord re-rents such dwelling unit and receives rent from a new tenant prior to the end of such month, the landlord is required to reflect the applicable portion of the judgment<\/span> as satisfied pursuant to § 16.1-94.01<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If, on the date of a foreclosure sale of a single-family residential dwelling unit, the former owner remains in possession<\/span> of such dwelling unit, such former owner becomes a tenant at sufferance. Such tenancy may be terminated by a written termination notice<\/span> from the successor owner given to such tenant at least three days prior to the effective date of termination. Upon the expiration of the three-day period, the successor owner may file an unlawful detainer<\/span> under this section. Such tenant shall be responsible for payment of fair market rental from the date of such foreclosure until the date the tenant vacates the dwelling unit, as well as damages<\/span>, and for payment of reasonable attorney fees and court<\/span> costs. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUMMONS FOR UNLAWFUL DETAINER ISSUED BY MAGISTRATE OR CLERK OR JUDGE OF A\nGENERAL DISTRICT COURT (\u00a7 8.01-126)\n\nA. For the purposes of this section, “termination notice” means a\nnotice given under § 55.1-1245 or other notice of termination of tenancy\ngiven by the landlord to the tenant of a dwelling unit, or any notice of\ntermination given by a landlord to a tenant of a nonresidential premises.\n\nB. In any case when possession of any house, land or tenement is unlawfully\ndetained by the person in possession thereof, the landlord, his agent, attorney,\nor other person, entitled to the possession may present to a magistrate or a\nclerk or judge of a general district court a statement under oath of the facts\nwhich authorize the removal of the tenant or other person in possession,\ndescribing such premises; and thereupon such magistrate, clerk or judge shall\nissue his summons against the person or persons named in such affidavit. The\nprocess issued upon any such summons issued by a magistrate, clerk or judge may\nbe served as provided in § 8.01-293, 8.01-296, or 8.01-299. When issued by\na magistrate it may be returned to and the case heard and determined by the\njudge of a general district court. If the summons for unlawful detainer is filed\nto terminate a tenancy pursuant to the Virginia Residential Landlord and Tenant\nAct (§ 55.1-1200 et seq.), the initial hearing on such summons shall occur\nas soon as practicable, but not more than 21 days from the date of filing. If\nthe case cannot be heard within 21 days from the date of filing, the initial\nhearing shall be held as soon as practicable, but in no event later than 30 days\nafter the date of the filing. If the plaintiff requests that the initial hearing\nbe set on a date later than 21 days from the date of filing, the initial hearing\nshall be set on a date the plaintiff is available that is also available for the\ncourt. Such summons shall be served at least 10 days before the return day\nthereof. If a summons for unlawful detainer is filed by an owner of a\nresidential single family dwelling unit in the Commonwealth and the court finds\nbased upon the evidence that (i) no rental agreement exists or has ever existed\nbetween the owner and the occupant; (ii) the occupant occupies such dwelling\nunit without permission of such owner; and (iii) the owner has given such\noccupant a written notice to vacate such dwelling unit at least 72 hours prior\nto the date of filing, an emergency hearing on such summons shall occur as soon\nas practicable, but not more than 14 days from the date of filing. If the case\ncannot be heard within 14 days from the date of filing, the emergency hearing\nshall be held as soon as practicable, but in no event later than 30 days after\nthe date of the filing.\n\nC. Any summons issued pursuant to the provisions of this section shall contain a\nnotice to the tenant that, pursuant to the provisions of § 18.2-465.1, it\nis unlawful for his employer to discharge him from employment or take any\nadverse personnel action against him as a result of his absence from employment\ndue to appearing at any initial or subsequent hearing on such summons, provided\nthat he has given reasonable notice of such hearing to his employer.\n\nD. The court shall not enter an order of possession unless the plaintiff,\nplaintiff’s attorney, or agent has presented a copy of a proper\ntermination notice issued to the defendant and the court has entered such notice\ninto evidence.\n\nE. Notwithstanding any rule of court or provision of law to the contrary, the\nplaintiff, plaintiff’s attorney, or agent in an unlawful detainer case may\nsubmit into evidence a photocopy of a properly executed paper document or paper\nprintout of an electronically stored document including a copy of the original\nlease or other documents, provided that the plaintiff provides an affidavit or\nsworn testimony that the copy of such document is a true and accurate copy of\nthe original lease. If the defendant fails to appear in court, the plaintiff,\nplaintiff’s attorney, or agent may introduce into evidence by an affidavit\nor sworn testimony a statement of the amount of outstanding rent, late charges,\nattorney fees, costs, and any other charges or damages as contracted for in the\nrental agreement that are due and owing as of the date of the hearing. The\nplaintiff, plaintiff’s attorney, or agent shall advise the court of any\npayments made by or on behalf of the defendant that result in a reduction of the\namount due and owing to the plaintiff.\n\nF. 1. The plaintiff may include on the summons for unlawful detainer a request\nfor all amounts due and owing as of the date of the hearing and the approximate\namount the defendant may owe as of the date of the hearing if the defendant\nmakes no payments prior to the date of such hearing. Notwithstanding any rule of\ncourt or provision of law to the contrary, if such request is made on the\nsummons for unlawful detainer, the court shall permit amendment of the amount\nrequested on the summons for unlawful detainer filed in court in accordance with\nthe evidence and the amounts contracted for in the rental agreement. If the\nplaintiff makes such a request and additional amounts become due and owing prior\nto the final disposition of a pending unlawful detainer, a plaintiff may amend\nthe amount in an unlawful detainer to request all amounts due and owing as of\nthe date of final disposition.\n\t\t\tIf, however, the plaintiff has not included on the summons for unlawful\ndetainer a request for all amounts due and owing as of the date of the hearing,\nthe court may permit the plaintiff to amend the amount requested on the summons\nfor unlawful detainer upon finding that (i) the evidence accurately sets forth\nthe amount due and owing to the plaintiff, (ii) the plaintiff provided the\ndefendant with a separate written notice of additional amounts due and owing as\nof the date of the hearing and of the plaintiff’s intent to amend the\namount requested on the summons, and (iii) the defendant had the opportunity at\ncourt to object to any additional amounts claimed.\n\n 2. If the plaintiff requests on the summons for unlawful detainer all amounts\n due and owing as of the date of the hearing or if the court grants an\n amendment of the amounts requested on the summons for unlawful detainer, the\n plaintiff shall not subsequently file additional unlawful detainers or\n warrants in debt against the defendant for such additional amounts if those\n amounts could have been included in the amended amount. Any such subsequent\n unlawful detainers or warrants in debt filed for amounts that were included in\n the amended amount shall be dismissed. Nothing in this section shall preclude\n the plaintiff from filing an unlawful detainer for a non-rent lease violation\n during the pendency of an unlawful detainer for nonpayment of rent or from\n filing a warrant in debt for amounts unrelated to the unlawful detainer\n against the defendant.\n\n 3. In determining the amount due the plaintiff as of the date of the hearing,\n if the rental agreement or lease provides that rent is due and payable on the\n first of the month in advance for the entire month, at the request of the\n plaintiff or the plaintiff’s attorney or agent, the amount due as of the\n date of the hearing shall include the rent due for the entire month in which\n the hearing is held, and rent shall not be prorated as of the actual court\n date. Otherwise, the rent shall be prorated as of the date of the hearing.\n However, nothing herein shall be construed to permit a landlord to collect\n rent in excess of the amount stated in such rental agreement or lease. If a\n money judgment has been granted for the amount due for the month of the\n hearing pursuant to this section and the landlord re-rents such dwelling unit\n and receives rent from a new tenant prior to the end of such month, the\n landlord is required to reflect the applicable portion of the judgment as\n satisfied pursuant to § 16.1-94.01.\n\n 4. If, on the date of a foreclosure sale of a single-family residential\n dwelling unit, the former owner remains in possession of such dwelling unit,\n such former owner becomes a tenant at sufferance. Such tenancy may be\n terminated by a written termination notice from the successor owner given to\n such tenant at least three days prior to the effective date of termination.\n Upon the expiration of the three-day period, the successor owner may file an\n unlawful detainer under this section. Such tenant shall be responsible for\n payment of fair market rental from the date of such foreclosure until the date\n the tenant vacates the dwelling unit, as well as damages, and for payment of\n reasonable attorney fees and court costs.\n\nHISTORY: Code 1950, \u00a7 8-791; 1954, c. 333; 1966, c. 436; 1968, c. 639; 1972, c.\n397; 1975, c. 235; 1977, c. 617; 1978, c. 344; 1980, c. 502; 2000, c. 1055;\n2008, cc. 551, 691; 2012, c. 788; 2013, c. 63; 2014, c. 168; 2015, c. 547; 2017,\nc. 481; 2018, c. 255; 2019, cc. 130, 132; 2022, c. 467; 2024, cc. 268, 331.","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}}