A. An appeal shall lie from the judgment of a general district court, in any proceeding under this article, to the circuit court in the same manner and with like effect and upon like security as appeals taken under the provisions of § 16.1-106 et seq. except as specifically provided in this section. The appeal shall be taken within 10 days and the security approved by the court from which the appeal is taken. Notwithstanding the provisions of § 16.1-106 et seq., the bond shall be posted and the writ tax paid within 10 days of the date of the judgment.
B. In any unlawful detainer case filed under § 8.01-126, if a judge grants the plaintiff a judgment for possession of the premises, upon request of the plaintiff, the judge shall further order that the writ of eviction issue immediately upon entry of judgment for possession. In such case, the clerk shall deliver the writ of eviction to the sheriff, who shall then, at least 72 hours prior to execution of such writ, serve notice of intent to execute the writ, including the date and time of eviction, as provided in § 8.01-470. In no case, however, shall the sheriff evict the defendant from the dwelling unit prior to the expiration of the defendant's 10-day appeal period. If the defendant perfects an appeal, the sheriff shall return the writ to the clerk who issued it.
In accordance with the provisions of § 16.1-107, when the appeal is taken by the defendant, he shall give bond, in an amount and with sufficient surety approved by the judge or his clerk, or in an amount sufficient to satisfy the judgment of the court in which it was rendered, including an award of attorney fees, if any. No indigent defendant shall be required to post an appeal bond. Trial by jury shall be had upon application of any party. For the purposes of this subsection, "indigent" means that the defendant has been determined to be eligible for services and processes without fees or costs pursuant to § 19.2-159.
Code 1950, § 8-794; 1950, p. 68; 1977, c. 617; 1984, c. 565; 1998, c. 750; 2004, c. 343; 2008, c. 489; 2017, c. 481; 2018, c. 145; 2019, cc. 180, 700; 2026, c. 579.
Notes of Decisions
Ragan v. Woodcroft Vill. Apts., 497 S.E.2d 740 (Va. 1998).
· cites it 20× “Woodcroft contends that neither Code § 8.01-129 nor Code § 16.1-106 permits an appeal from the denial of a motion for a new trial in an unlawful detainer action.”
Richard Lee Brown v. Sec'y, U.S. Dep't of Health & Human Servs., 4 F.4th 1220 (11th Cir. 2021).
· cites it 2× “Va. Code § 8.01-129(a). And once the tenant fails to appeal—or once Brown prevails on appeal—Brown can receive from the General District Court a judgment for Unlawful Detainer (Civil Claim for Eviction),” http://www.”
Kennedy v. Block, 606 F. Supp. 1397 (W.D. Va. 1985).
· cites it 3× “Va.Code § 8.01-129. In a situation where the borrower has prevailed in General District Court and the case is on appeal before the judge of the Circuit Court, the tenant has the right to present additional evidence and the judge may reverse the decision of the General District…”
Letendre v. Fugate, 701 F.2d 1093 (4th Cir. 1983).
· cites it 4× “He also sought a declaratory judgment that Va.Code § 8.01-129, providing for the posting of bond before appealing an adverse ruling of the general district court, violated the due process and equal protection clauses of the Fourteenth Amendment to the Constitution.”
Bob Woods Union 76, Inc. v. Alotaibi, 80 Va. Cir. 333 (Roanoke County Cir. Ct. 2010).
· cites it 4× “Such bond shall be posted within 30 days from the date of judgment, except for an appeal from the judgment of a general district court on an unlawful detainer pursuant to Section 8.01-129. Va. Code Ann. § 16.1-107 (emphasis added).”
Powell v. Rawlings, 78 Va. Cir. 369 (Greensville Cir. Ct. 2009).
“Such bond shall be posted within 30 days from the date of judgment, except for an appeal from the judgment of a general district court on an unlawful detainer pursuant to § 8.01-129. Va. Code § 16.1-107 (Supp. 2008) (emphasis added).”
Woodrock River Walk LLC v. Lloyd Rice (Va. Ct. App. 2024).
· cites it 4× “Code § 8.01-129. If the court grants the writ, an officer may not execute the writ until after the expiration of the tenant’s ten-day appeal period.”
Elizabeth Haring v. The Bank of New York Mellon, etc. (Va. Ct. App. 2023).
· cites it 3× “Haring’s arguments rely solely on Code § 8.01-129, which states in pertinent part: When the appeal is taken by the defendant, he shall be required to give security also for all rent which has accrued and may accrue upon the premises, but for not more than one year’s rent, and…”
Kenneth P. Dubs, Sr. v. Thomas Mancuso (Va. Ct. App. 2024).
· cites it 2× “Code § 8.01-129. Presumably, Dubs did not timely appeal that judgment because he did not have actual notice of the proceedings.”
Lahey v. Johnson, 89 Va. Cir. 448 (Augusta Cir. Ct. 2010).
· cites it 3× “01 are in (a) Va. Code § 8.01-129 (referring to appeals from the General District Court), (b) Va.”
Heritage Park Apts. v. Rollins, 38 Va. Cir. 412 (Fredericksburg Cir. Ct. 1996).
· cites it 2× “1-107 and § 8.01-129. When the landlord applied for a writ of possession under § 16.”
— Va. Code Ann. § 8.01-129(A) — 1 case
— Va. Code Ann. § 8.01-129(a) — 1 case
— Va. Code Ann. § 8.01-129(b) — 1 case
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