2006 Code of Virginia § 8.01-128 - Verdict and judgment; damages

8.01-128. Verdict and judgment; damages.

A. If it appears that the plaintiff was forcibly or unlawfully turned out ofpossession, or that it was unlawfully detained from him, the verdict orjudgment shall be for the plaintiff for the premises, or such part thereof asmay be found to have been so held or detained. The verdict or judgment shallalso be for such damages as the plaintiff may prove to have been sustained byhim by reason of such forcible or unlawful entry, or unlawful detention, ofsuch premises, and such rent as he may prove to have been owing to him,provided such damages and rent claimed shall not exceed the jurisdictionalamount of the court in which the action is tried.

B. The plaintiff may, alternatively, receive a final, appealable judgment forpossession of the property unlawfully entered or unlawfully detained and beissued a writ of possession, and continue the case for up to 90 days toestablish final rent and damages. If under this section an appeal is taken asto possession, the entire case shall be considered appealed. The plaintiffshall, in the instance of a continuance taken under this section, mail to thedefendant at the defendant's last known address at least 15 days prior to thecontinuance date a notice advising of (i) the continuance date; (ii) theamounts of final rent and damages; and (iii) that the plaintiff is seekingjudgment for additional sums. A copy of such notice shall be filed with thecourt.

C. No verdict or judgment rendered under this section shall bar any separateconcurrent or future action for any such damages or rent as may not be soclaimed.

(Code 1950, 8-793; 1954, c. 609; 1977, c. 617; 2005, c. 779.)