Bill Text: VA HB86 | 2024 | Regular Session | Comm Sub
Bill Title: Summons for unlawful detainer; specifies a process by which a plaintiff may amend amount due to him.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-04-02 - Governor: Acts of Assembly Chapter text (CHAP0268) [HB86 Detail]
Download: Virginia-2024-HB86-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §§8.01-126 and 8.01-454 of the Code of Virginia are amended and reenacted as follows:
§8.01-126. Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court.
A. 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.
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 §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.
C. 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.
D. Notwithstanding any other rule of court or provision of
law to the contrary 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.
E. 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. An attorney or
agent of the landlord or managing agent may present such affidavit into
evidence. 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.
E. F. 1. Notwithstanding any other rule of
court or provision of law to the contrary, when the defendant does not make an
appearance in court, the plaintiff or the plaintiff's attorney or agent may
submit into evidence by an affidavit or sworn testimony a statement of the
amount of outstanding rent, late charges, attorney fees, and any other charges
or damages due as of the date of the hearing. The plaintiff or the plaintiff's
attorney or agent shall advise the court of any payments by the defendant that
result in a variance reducing the amount due the plaintiff as of the day of the
hearing. 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'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. a. If the unlawful detainer summons served upon the
defendant requests judgment for all amounts due as of the date of the hearing,
the court shall permit amendment of the amount requested on the summons for
unlawful detainer filed in court in accordance with the evidence and in
accordance with the amounts contracted for in the rental agreement and shall enter
a judgment for such amount due as of the date of the hearing in addition to
entering an order of possession for the premises. Notwithstanding any rule of
court or provision of law to the contrary, no order of possession shall be
entered unless the plaintiff or plaintiff's attorney or agent has presented a
copy of a proper termination notice that the court admits into evidence.
b. Notwithstanding any rule of court or provision of law to
the contrary, a plaintiff may amend the amount alleged to be due and owing in
an unlawful detainer to request all amounts due and owing as of the date of the
hearing. If additional amounts become due and owing prior to the final
disposition of a pending unlawful detainer, the plaintiff may also amend the
amount alleged to be due and owing to include such additional amounts. If the
plaintiff requests to amend the amount alleged to be due and owing in an
unlawful detainer, the judge shall grant such amendment. Upon amendment of the
unlawful detainer, such plaintiff shall not subsequently file an additional
summons for unlawful detainer against the defendant for such additional amounts
if such additional amounts could have been included in such amendment. If
another unlawful detainer is filed, the court shall dismiss the subsequent
unlawful detainer. Nothing herein shall be construed to preclude a plaintiff
from filing an unlawful detainer for a non-rent violation during the pendency
of an unlawful detainer for nonpayment of rent. 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'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. 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.
§8.01-454. Judgment, when satisfied, to be so noted by creditor.
In all cases in which satisfaction of any judgment so docketed is made, which is not required to be certified to the clerk under §8.01-455, it shall be the duty of the judgment creditor, himself, or by his agent or attorney, to cause such satisfaction by the defendant, and if there is more than one defendant, by which defendant it was satisfied, to be entered within 30 days after the same is made, on such judgment docket. If the judgment has not been docketed, then the entry shall be made on the execution book in the office of the clerk from which the execution issued. For any failure to do so within 90 days, or after 10 days' notice to do so by the judgment debtor or his agent or attorney, the judgment creditor shall be liable to a fine of $100 and shall pay the filing cost of the release. The entry of satisfaction shall be signed by the creditor or his duly authorized attorney or other agent and be attested by the clerk in whose office the judgment is docketed, or when not docketed, by the clerk from whose office the execution issued; however, the cost of the release shall be paid by the judgment debtor. For any money judgment marked as satisfied pursuant to this section, nothing herein shall satisfy an unexecuted order of possession entered pursuant to §8.01-126, provided that (i) the time period for issuing writs of eviction in unlawful entry and detainer provided by §8.01-471 has not lapsed and (ii) the defendant has not exercised his right of redemption in accordance with §55.1-1250.
