SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2017 SESSION

  • | print version

HB 1811 Unlawful detainer; initial hearings on a summons, etc.

Introduced by: G. Manoli Loupassi | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

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.

SUMMARY AS INTRODUCED:

Initial hearings on a summons for unlawful detainer; plaintiff's possession of property at initial return date; immediate issuance of writs of possession in certain case judgments; written notice of satisfaction rendered in a court not of record. Provides that, if an initial hearing on a summons for unlawful detainer cannot be held within 21 days from filing, it may not be held later than 30 days from such filing. The bill requires the court to award a money judgment for any amounts contracted for in a rental agreement on the date of the hearing. The bill allows a plaintiff to continue an unlawful entry and detainer case for up to 120 days from the return date to establish final rent and damages, regardless of whether a judgment for possession is entered or writ for possession issued on the return date. The bill further clarifies types of judgments for which a writ of possession may be immediately executed. The bill also removes certain requirements for a written notice of satisfaction of judgment rendered in a court not of record.