Virginia Code

Va. Code Ann. § 8.01-128 (2026)

Verdict and judgment; damages

✓ current as of May 2026

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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. If, however, at the initial hearing the defendant contests the amount of rent and damages alleged to be due and owing to the plaintiff, the court shall not bifurcate the case.

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'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.

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; 2026, c. 432.

Notes of Decisions

Cited in 7 cases, 1991–2012 · leading case: Virginia Dynamics Co. v. Payne, 421 S.E.2d 421 (Va. 1992).

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Virginia Dynamics Co. v. Payne, 421 S.E.2d 421 (Va. 1992). · cites it 8× “In this case, we decide whether a provision of the unlawful entry and detainer statute, Code § 8.01-128, authorizes a lessor to split its cause of action for unpaid rent.”

Seoane v. Drug Emporium, Inc., 457 S.E.2d 93 (Va. 1995). · cites it 2× “Code § 8.01-128 provides in pertinent part: If it appear that [possession] was unlawfully detained from [the plaintiff], the verdict or judgment shall be for the plaintiff for the premises, [and] shall also be for such .”

Architectural Stone, LLC v. Wolcott Ctr., LLC, 649 S.E.2d 670 (Va. 2007). · cites it 2× “The judgment included a writ of possession of the subject property pursuant to Code § 8.01-128 and monetary damages. On April 5, 2006, Architectural Stone filed in the general district court a motion to set aside the default judgment under Code § 8.”

Portsmouth Redevelopment & Hous. Auth. v. Ison, 66 Va. Cir. 336 (Portsmouth Cir. Ct. 2005). · cites it 6× “Va. Code § 8.01-128 provides that “[i]f 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.”

Fed. Nat'l Mortg. Ass'n v. Harbin, 85 Va. Cir. 69 (Virginia Beach Cir. Ct. 2012). · cites it 3× “” (Va. Code § 8.01-128.) Lawful possession of property is the only issue to be determined in a claim for unlawful detainer.”

Spanos v. Khatib, 39 Va. Cir. 182 (Fairfax Cir. Ct. 1996). · cites it 4× “Virginia Code § 8.01-128. In creating the exemption to the rules of claim-splitting, Code § 8.”

T. Rowe Price Realty Income Fund II v. Nova Blue, Inc., 23 Va. Cir. 299 (1991). · cites it 2× “As part of this process, it repealed old § 8-793 and enacted § 8.01-128 which provides for the assessment of damages in unlawful detainer actions.”

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