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2005 SESSION
050234484Be it enacted by the General Assembly of Virginia:
1. That § 8.01-128 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-128. Verdict and judgment; damages.
A. If it appear 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, provided such damages and rent
claimed shall not exceed the jurisdictional amount of the court in which the
action is tried.
B. The plaintiff may, alternatively and at his sole option, receive a final judgment by the court for possession of the property unlawfully entered or unlawfully detained, be issued the appropriate writ of possession, and continue the case for a period of up to 90 days for the purpose of establishing final rent, damages, and other amounts as provided under the lease or Virginia law, provided such rent or damages claimed shall not exceed the jurisdictional amount of the court in which the action is tried.
C. No such 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.