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2005 SESSION
Be 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, receive a final, appealable judgment for possession of the property unlawfully entered or unlawfully detained and be issued a writ of possession, and continue the case for up to 90 days to establish final rent and damages. 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 of (i) the continuance date; (ii) the amounts of final rent and damages; and (iii) that the plaintiff is seeking judgment for additional sums. A copy of such notice shall be filed with the court.
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.