                                 CODE OF VIRGINIA

SUMMONS FOR UNLAWFUL DETAINER ISSUED BY MAGISTRATE OR CLERK OR JUDGE OF A
GENERAL DISTRICT COURT (§ 8.01-126)

A. For the purposes of this section, &#8220;termination notice&#8221; means a
notice given under &#xA7; 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. 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 &#xA7; 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 (&#xA7; 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. Any summons issued pursuant to the provisions of this section shall contain a
notice to the tenant that, pursuant to the provisions of &#xA7; 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. The court shall not enter an order of possession unless the plaintiff,
plaintiff&#8217;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. Notwithstanding any rule of court or provision of law to the contrary, the
plaintiff, plaintiff&#8217;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&#8217;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&#8217;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. 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.
			If, 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&#8217;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. 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.

   3. 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&#8217;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 &#xA7; 16.1-94.01.

   4. 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.

HISTORY: Code 1950, § 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.