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2022 SESSION

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(SB474)

GOVERNOR'S VETO

 

    Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto Senate Bill 474, which removes the requirement for an indigent defendant to post an appeal bond in an unlawful detainer action appealed from the general district court.

       

    The General Assembly rejected my proposed amendments, which would allow an indigent tenant to appeal, but require a payment plan of equal monthly payments within six months or the date of a circuit court hearing, whichever is earlier.

       

    Accordingly, I veto this bill.

 

GOVERNOR'S RECOMMENDATION

 

    1. Line 27, enrolled, after clerk

      strike

        if there is one

 

    2. Line 28, enrolled, after of the

      insert

        general district

 

    3. Line 28, enrolled, after court

      strike

        in which it was rendered

      insert

        for the back rent due as of the court date

 

    4. Line 28, enrolled, after including

      strike

        an

      insert

        any

 

    5. Line 29, enrolled, after fees

      strike

        , if any

      insert

        and court costs

 

    6. Line 29, enrolled, after bond

      insert

        with the general district court clerk in order to perfect an appeal but shall be required to make payments to the landlord on such judgment amount of the general district court for the back rent and any attorney fees and court costs in equal monthly installments over a period of six months or by the court date in circuit court, whichever is earlier. The amount of such monthly installments shall be stated by the general district court judge or his clerk on the appeal form filed by the tenant, in the court order of possession or other form of the court or his clerk. If the tenant fails to make any such monthly installment prior to the fifth day of any given month, upon written motion of the plaintiff with a copy of such written motion mailed by regular mail to the tenant, the judge of the circuit court shall, without hearing, enter judgment for the outstanding amount and an order of possession. The landlord may proceed thereafter to obtain a writ of eviction pursuant to §§ 8.01-470 and 8.01-471

 

    7. Line 47, enrolled, after bond

      insert

 

    8. Line 55, enrolled, after bond

      insert