2006 Code of Virginia § 8.01-127.1 - Removal of unlawful detainer actions

8.01-127.1. Removal of unlawful detainer actions.

A. In any case involving a tenancy not involving a default in rent in whichan action has been commenced or a summons has been issued pursuant to 8.01-126, in or returnable to a general district court, removal of the actionto the circuit court shall be conditioned upon the defendant (i) filing anaffidavit of substantial defense pursuant to the requirements of 16.1-92and (ii) paying the costs accrued to the time of removal, the writ tax asfixed by law, and in the court to which it is removed, the costs as fixed bysubdivision A 13 of 17.1-275.

B. The affidavit of substantial defense described in subsection A and anyrepresentation by the landlord that there has been a default in rent shall besubject to the requirements of 8.01-271.1.

C. If the defendant fails to pay rent at such time and in such manner asrequired by the terms of the rental agreement and applicable law, thelandlord may file with the circuit court, and serve upon the defendant, orhis attorney, an affidavit made by himself, his agent, or his attorney,stating that the rent is delinquent. If within three business days of serviceof such notice, the defendant or his attorney fails to file, and the courtdoes not receive an affidavit stating that the rent has been paid timely, thecircuit court shall enter an order of possession granting the landlordimmediate possession of the premises.

If an affidavit is filed on behalf of the defendant stating that payment hasbeen made, the matter shall come before the circuit court forthwith toresolve the issue of payment.

D. Unlawful detainer actions removed to the circuit court shall be accordedpriority on the civil docket.

(1995, c. 599; 2005, c. 138.)