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Bill > HB1811


VA HB1811

VA HB1811
Unlawful detainer; initial hearings on a summons, etc.


summary

Introduced
01/09/2017
In Committee
02/15/2017
Crossed Over
02/01/2017
Passed
02/23/2017
Dead
Signed/Enacted/Adopted
03/13/2017

Introduced Session

2017 Regular Session

Bill Summary

Initial hearings on a summons for unlawful detainer; amendments of amount requested on summons for unlawful detainer; immediate issuance of writs of possession in certain case judgments; written notice of satisfaction rendered in a court not of record. Provides that, at the initial hearing on a summons for unlawful detainer, 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. The bill requires the court, on such continuance date, to permit amendment of the amount requested on a summons for unlawful detainer in accordance with the notice of hearing, evidence presented to the court, and the amounts contracted for in the rental agreement. The bill further clarifies types of judgments for which a writ of possession may be immediately executed but specifies that an eviction pursuant to such a writ shall not be executed (i) until the expiration of a tenant's 10-day appeal period or (ii) if a tenant perfects an appeal. The bill removes certain requirements for a written notice of satisfaction of judgment rendered in a court not of record.

AI Summary

This bill makes several changes to the laws governing unlawful detainer cases in Virginia: 1. It provides that at the initial hearing on an unlawful detainer summons, the court shall, upon the plaintiff's request, bifurcate the case and set a continuance date no later than 120 days from the initial hearing to determine the final rent and damages. On the continuance date, the court shall permit the plaintiff to amend the amount requested on the summons in accordance with the notice of hearing, evidence presented, and the rental agreement. 2. It clarifies the types of judgments for which a writ of possession may be immediately executed, but specifies that an eviction pursuant to such a writ shall not be executed until the expiration of the tenant's 10-day appeal period or if the tenant perfects an appeal. 3. It removes certain requirements for a written notice of satisfaction of judgment rendered in a court not of record. This bill is aimed at streamlining the unlawful detainer process by allowing for the separation of possession and damages determinations, and providing for immediate writs of possession in certain cases while preserving the tenant's appeal rights.

Committee Categories

Justice

Sponsors (1)

Last Action

Governor: Acts of Assembly Chapter text (CHAP0481) (on 03/13/2017)

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