HB845 • 2026

Unlawful detainer; bifurcation of case, contested rent and damages.

An Act to amend and reenact § 8.01-128 of the Code of Virginia, relating to unlawful detainer; bifurcation; contested rent and damages.

Housing

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Cousins
Last action: 2026-04-08
Official status: Acts of Assembly Chapter
Effective date: Not listed

Plain English Breakdown

The official source material does not provide information on what happens after the initial hearing or how this change will affect court schedules.

Unlawful Detainer Case Changes

This act changes how courts handle unlawful detainer cases when the defendant contests the amount of rent and damages.

What This Bill Does

Changes the law to say that if a tenant disputes the rent or damage owed, the court cannot split the case into two parts.

Who It Names or Affects

Landlords who file unlawful detainer cases against tenants
Tenants facing eviction or unlawful detainer claims

Terms To Know

Unlawful Detainer: A legal action to remove a tenant from rental property when they have not paid rent or violated the lease agreement.
Bifurcate: To split a case into two parts for separate hearings.

Limits and Unknowns

The bill does not specify what happens if the tenant contests the amount of rent and damages after the initial hearing.
It is unclear how this change will affect court schedules or the number of cases that can be resolved quickly.

Bill History

2026-04-08 Governor
Approved by Governor-Chapter 432 (effective 7/1/2026)
2026-04-08 Governor
Acts of Assembly Chapter text (CHAP0432)
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Signed by Speaker
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Fiscal Impact Statement from Department of Planning and Budget (HB845)
2026-03-30 Senate
Signed by President
2026-03-30 House
Enrolled
2026-03-30 House
Bill text as passed House and Senate (HB845ER)
2026-03-11 Senate
Read third time
2026-03-11 Senate
Read third time
2026-03-11 Senate
Passed Senate (21-Y 19-N 0-A)
2026-03-10 Senate
Rules suspended
2026-03-10 Senate
Passed by for the day
2026-03-10 Senate
Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
2026-03-10 Senate
Passed by for the day Block Vote (Voice Vote)
2026-03-09 Courts of Justice
Reported from Courts of Justice (9-Y 6-N)
2026-02-18 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-18 Courts of Justice
Referred to Committee for Courts of Justice
2026-02-17 House
Moved from Uncontested Calendar to Regular Calendar
2026-02-17 House
Read third time and passed House (74-Y 23-N 0-A)
2026-02-16 House
Read second time and engrossed
2026-02-13 House
Read first time
2026-02-11 Courts of Justice
Reported from Courts of Justice (22-Y 0-N)
2026-02-04 Civil
Subcommittee recommends reporting (10-Y 0-N)
2026-02-02 Civil
Assigned HCJ sub: Civil
2026-02-02 House
Fiscal Impact Statement from Department of Planning and Budget (HB845)
2026-01-13 House
Prefiled and ordered printed; Offered 01-14-2026 26101054D
2026-01-13 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Unlawful detainer; bifurcation of case; contested rent and damages.
Provides that, at an initial hearing on an unlawful detainer, if the defendant contests the amount of rent and damages alleged to be due and owing to the plaintiff, the court shall not bifurcate the unlawful detainer case. Under current law, at the initial hearing, upon request of the plaintiff, the court is required to 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.

Current Bill Text

Read the full stored bill text

An Act to amend and reenact §
8.01-128
of the Code of Virginia, relating to unlawful detainer; bifurcation; contested rent and damages.
Be it enacted by the General Assembly of Virginia:
1. That §
8.01-128
of the Code of Virginia is amended and reenacted as follows:
§
8.01-128
. Verdict and judgment; damages.
A. If it appears that the plaintiff was forcibly or unlawfully turned out of possession, or that it was unlawfully detained from him, the verdict or judgment shall be for the plaintiff for the premises, or such part thereof as may be found to have been so held or detained. The verdict or judgment shall also be for such damages as the plaintiff may prove to have been sustained by him by reason of such forcible or unlawful entry, or unlawful detention, of such premises, and such rent as he may prove to have been owing to him.
B. The plaintiff may, alternatively, receive a final, appealable judgment for possession of the property unlawfully entered or unlawfully detained and be issued an order of possession at the initial hearing on a summons for unlawful detainer, upon evidence presented by the plaintiff to the court. At the initial hearing, 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.
If, however, at the initial hearing the defendant contests the amount of rent and damages alleged to be due and owing to the plaintiff, the court shall not bifurcate the case.
On such continuance date, the court shall permit amendment of the amount requested on the summons for unlawful detainer filed in court in accordance with the (i) notice of hearing to establish final rent and damages mailed to the last known address of the defendant and filed with the court at least 15 days prior to the continuance date as provided herein, (ii) evidence presented to the court, and (iii) amounts contracted for in the rental agreement. Nothing in this subsection shall preclude a defendant who appears in court at the initial court date from contesting an unlawful detainer action as otherwise provided by law.
If under this section an appeal is taken as to possession, the entire case shall be considered appealed. The plaintiff shall, in the instance of a continuance taken under this section, mail to the defendant at the defendant's last known address at least 15 days prior to the continuance date a notice advising (a) of the continuance date, (b) of the amounts of final rent and damages, and (c) that the plaintiff is seeking judgment for additional sums. A copy of such notice shall be filed with the court.
C. No verdict or judgment rendered under this section shall bar any separate concurrent or future action for any such damages or rent as may not be so claimed.