                                 CODE OF VIRGINIA

VERDICT AND JUDGMENT; DAMAGES (§ 8.01-128)

A. 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.

B. 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.
			If 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&#8217;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. 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.

HISTORY: Code 1950, § 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.