Bill Text: VA HB856 | 2018 | Regular Session | Prefiled
Bill Title: Unlawful detainer; execution of writ of possession.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2018-03-02 - Governor: Acts of Assembly Chapter text (CHAP0145) [HB856 Detail]
Download: Virginia-2018-HB856-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §8.01-129 of the Code of Virginia is amended and reenacted as follows:
§8.01-129. Appeal from judgment of general district court.
A. An appeal shall lie from the judgment of a general district court, in any proceeding under this article, to the circuit court in the same manner and with like effect and upon like security as appeals taken under the provisions of §16.1-106 et seq. except as specifically provided in this section. The appeal shall be taken within 10 days and the security approved by the court from which the appeal is taken. Notwithstanding the provisions of § 16.1-106 et seq., the bond shall be posted and the writ tax paid within 10 days of the date of the judgment.
B. Unless
otherwise specifically provided in the court's order, no writ of execution
shall issue on a judgment for possession until the expiration of this 10-day
period, except in cases of judgment (i) of default; (ii) wherein the case
arises out of a trustee's deed following foreclosure; (iii) for the nonpayment
of rent where the writ of execution shall issue immediately upon entry of
judgment for possession, if requested by the plaintiff; or (iv) for immediate
nonremediable terminations where the writ of execution shall issue immediately
upon entry of judgment for possession, if requested by the plaintiff. In cases
where the court's order permits immediate processing of a writ of execution in
order to schedule an eviction date, in no case shall such eviction be executed
(a) until expiration of the tenant's 10-day appeal period or (b) if the tenant
perfects an appeal pursuant to this section. In any unlawful detainer case filed under §
8.01-126, if a judge grants the plaintiff a judgment for possession of the
premises, upon request of the plaintiff, the judge shall further order that the
writ issue immediately upon entry of judgment for possession. In such case, the
clerk shall deliver the writ to the sheriff, who shall then, at least 72 hours
prior to execution of such writ, serve
notice of intent to execute the writ, including the date
and time of eviction, as provided in §
8.01-470. In
no case, however, shall the sheriff evict and remove the defendant from the
dwelling unit prior to the
expiration of the defendant's
10-day appeal period. If the defendant
perfects an appeal, the sheriff shall return the writ to the clerk who issued
it.
When the appeal is taken by the defendant, he shall be required to give security also for all rent which has accrued and may accrue upon the premises, but for not more than one year's rent, and also for all damages that have accrued or may accrue from the unlawful use and occupation of the premises for a period not exceeding three months. Trial by jury shall be had upon application of any party.