{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-128.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-128.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-128.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-128.html"}],"law_id":75626,"edition_id":1,"section_id":75626,"structure_id":14682,"section_number":"8.01-128","catch_line":"Verdict and judgment; damages","history":"Code 1950, \u00a7 8-793; 1954, c. 609; 1977, c. 617; 2005, c. 779; 2010, c. 550; 2011, c. 76; 2016, c. 281; 2017, c. 481; 2019, cc. 180, 700.","full_text":"A\n\nIf it appears that the plaintiff was forcibly or unlawfully turned out of possession, or that it was unlawfully detained from him, the verdict or judgment shall be for the plaintiff for the premises, or such part thereof as may be found to have been so held or detained. The verdict or judgment shall also be for such damages as the plaintiff may prove to have been sustained by him by reason of such forcible or unlawful entry, or unlawful detention, of such premises, and such rent as he may prove to have been owing to him.B\n\nThe plaintiff may, alternatively, receive a final, appealable judgment for possession of the property unlawfully entered or unlawfully detained and be issued an order of possession at the initial hearing on a summons for unlawful detainer, upon evidence presented by the plaintiff to the court. At the initial hearing, upon request of the plaintiff, the court shall bifurcate the unlawful detainer case and set a continuance date no later than 120 days from the date of the initial hearing to determine final rent and damages. On such continuance date, the court shall permit amendment of the amount requested on the summons for unlawful detainer filed in court in accordance with the (i) notice of hearing to establish final rent and damages mailed to the last known address of the defendant and filed with the court at least 15 days prior to the continuance date as provided herein, (ii) evidence presented to the court, and (iii) amounts contracted for in the rental agreement. Nothing in this subsection shall preclude a defendant who appears in court at the initial court date from contesting an unlawful detainer action as otherwise provided by law.\n\t\t\tIf under this section an appeal is taken as to possession, the entire case shall be considered appealed. The plaintiff shall, in the instance of a continuance taken under this section, mail to the defendant at the defendant’s last known address at least 15 days prior to the continuance date a notice advising (a) of the continuance date, (b) of the amounts of final rent and damages, and (c) that the plaintiff is seeking judgment for additional sums. A copy of such notice shall be filed with the court.C\n\nNo verdict or judgment rendered under this section shall bar any separate concurrent or future action for any such damages or rent as may not be so claimed.","order_by":null,"text":{"0":{"id":271634,"text":"If it appears that the plaintiff was forcibly or unlawfully turned out of possession, or that it was unlawfully detained from him, the verdict or judgment shall be for the plaintiff for the premises, or such part thereof as may be found to have been so held or detained. The verdict or judgment shall also be for such damages as the plaintiff may prove to have been sustained by him by reason of such forcible or unlawful entry, or unlawful detention, of such premises, and such rent as he may prove to have been owing to him.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":271635,"text":"The plaintiff may, alternatively, receive a final, appealable judgment for possession of the property unlawfully entered or unlawfully detained and be issued an order of possession at the initial hearing on a summons for unlawful detainer, upon evidence presented by the plaintiff to the court. At the initial hearing, upon request of the plaintiff, the court shall bifurcate the unlawful detainer case and set a continuance date no later than 120 days from the date of the initial hearing to determine final rent and damages. On such continuance date, the court shall permit amendment of the amount requested on the summons for unlawful detainer filed in court in accordance with the (i) notice of hearing to establish final rent and damages mailed to the last known address of the defendant and filed with the court at least 15 days prior to the continuance date as provided herein, (ii) evidence presented to the court, and (iii) amounts contracted for in the rental agreement. Nothing in this subsection shall preclude a defendant who appears in court at the initial court date from contesting an unlawful detainer action as otherwise provided by law.\n\t\t\tIf under this section an appeal is taken as to possession, the entire case shall be considered appealed. The plaintiff shall, in the instance of a continuance taken under this section, mail to the defendant at the defendant’s last known address at least 15 days prior to the continuance date a notice advising (a) of the continuance date, (b) of the amounts of final rent and damages, and (c) that the plaintiff is seeking judgment for additional sums. A copy of such notice shall be filed with the court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":271636,"text":"No verdict or judgment rendered under this section shall bar any separate concurrent or future action for any such damages or rent as may not be so claimed.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-128\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 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 609; in 1977, chapter 617; in 2005, chapter 779<\/a>; in 2010, chapter 550<\/a>; in 2011, chapter 76<\/a>; in 2016, chapter 281<\/a>; in 2017, chapter 481<\/a>; in 2019, chapters 180<\/a> and 700<\/a>.<\/p>","references":[{"id":57532,"section_number":"55.1-1257","catch_line":"Who may recover rent or possession","order_by":null,"url":"\/55.1-1257\/"},{"id":69251,"section_number":"55.1-1417","catch_line":"Who may recover rent or possession","order_by":null,"url":"\/55.1-1417\/"}],"refers_to":false,"permalink":{"id":279791,"object_type":"law","relational_id":75626,"identifier":"8.01-128","token":"8.01\/3\/13\/8.01-128","url":"\/8.01-128\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-128\/","token":"8.01\/3\/13\/8.01-128","dublin_core":{"Title":"Verdict and judgment; damages","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-128","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If it appears that the plaintiff<\/span> was forcibly or unlawfully turned out of possession<\/span>, or that it was unlawfully detained from him, the verdict<\/span> or judgment<\/span> shall be for the plaintiff<\/span> for the premises, or such part thereof as may be found to have been so held or detained. The verdict<\/span> or judgment<\/span> shall also be for such damages<\/span> as the plaintiff<\/span> may prove to have been sustained by him by reason of such forcible or unlawful entry, or unlawful detention, of such premises, and such rent as he may prove to have been owing to him. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The plaintiff<\/span> may, alternatively, receive a final, appealable judgment<\/span> for possession<\/span> of the property unlawfully entered or unlawfully detained and be issued an order<\/span> of possession<\/span> at the initial hearing<\/span> on a summons<\/span> for unlawful detainer, upon evidence<\/span> presented by the plaintiff<\/span> to the court<\/span>. At the initial hearing<\/span>, upon request of the plaintiff<\/span>, the court<\/span> shall bifurcate the unlawful detainer case and set a continuance<\/span> date no later than 120 days from the date of the initial hearing<\/span> to determine final rent and damages<\/span>. On such continuance<\/span> date, the court<\/span> shall permit amendment of the amount requested on the summons<\/span> for unlawful detainer filed in court<\/span> in accordance with the (i) notice of hearing<\/span> to establish final rent and damages<\/span> mailed to the last known address of the defendant<\/span> and filed with the court<\/span> at least 15 days prior to the continuance<\/span> date as provided herein, (ii) evidence<\/span> presented to the court<\/span>, and (iii) amounts contracted for in the rental agreement. Nothing in this subsection shall preclude a defendant<\/span> who appears in court<\/span> at the initial court<\/span> date from contesting an unlawful detainer action<\/span> as otherwise provided by law<\/span>.\n\t\t\tIf under this section an appeal<\/span> is taken as to possession<\/span>, the entire case shall be considered appealed. The plaintiff<\/span> shall, in the instance of a continuance<\/span> taken under this section, mail to the defendant<\/span> at the defendant<\/span>’s last known address at least 15 days prior to the continuance<\/span> date a notice advising (a) of the continuance<\/span> date, (b) of the amounts of final rent and damages<\/span>, and (c) that the plaintiff<\/span> is seeking judgment<\/span> for additional sums. A copy of such notice shall be filed with the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No verdict<\/span> or judgment<\/span> rendered under this section shall bar any separate concurrent or future action for any such damages<\/span> or rent as may not be so claimed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVERDICT AND JUDGMENT; DAMAGES (\u00a7 8.01-128)\n\nA. If it appears that the plaintiff was forcibly or unlawfully turned out of\npossession, or that it was unlawfully detained from him, the verdict or judgment\nshall be for the plaintiff for the premises, or such part thereof as may be\nfound to have been so held or detained. The verdict or judgment shall also be\nfor such damages as the plaintiff may prove to have been sustained by him by\nreason of such forcible or unlawful entry, or unlawful detention, of such\npremises, and such rent as he may prove to have been owing to him.\n\nB. The plaintiff may, alternatively, receive a final, appealable judgment for\npossession of the property unlawfully entered or unlawfully detained and be\nissued an order of possession at the initial hearing on a summons for unlawful\ndetainer, upon evidence presented by the plaintiff to the court. At the initial\nhearing, upon request of the plaintiff, the court shall bifurcate the unlawful\ndetainer case and set a continuance date no later than 120 days from the date of\nthe initial hearing to determine final rent and damages. On such continuance\ndate, the court shall permit amendment of the amount requested on the summons\nfor unlawful detainer filed in court in accordance with the (i) notice of\nhearing to establish final rent and damages mailed to the last known address of\nthe defendant and filed with the court at least 15 days prior to the continuance\ndate as provided herein, (ii) evidence presented to the court, and (iii) amounts\ncontracted for in the rental agreement. Nothing in this subsection shall\npreclude a defendant who appears in court at the initial court date from\ncontesting an unlawful detainer action as otherwise provided by law.\n\t\t\tIf under this section an appeal is taken as to possession, the entire case\nshall be considered appealed. The plaintiff shall, in the instance of a\ncontinuance taken under this section, mail to the defendant at the\ndefendant’s last known address at least 15 days prior to the continuance\ndate a notice advising (a) of the continuance date, (b) of the amounts of final\nrent and damages, and (c) that the plaintiff is seeking judgment for additional\nsums. A copy of such notice shall be filed with the court.\n\nC. No verdict or judgment rendered under this section shall bar any separate\nconcurrent or future action for any such damages or rent as may not be so\nclaimed.\n\nHISTORY: Code 1950, \u00a7 8-793; 1954, c. 609; 1977, c. 617; 2005, c. 779; 2010, c.\n550; 2011, c. 76; 2016, c. 281; 2017, c. 481; 2019, cc. 180, 700.","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}}