VirginiaHB2212026 Regular SessionHouseWALLET

Appeals bond; indigent parties, appeal of unlawful detainer.

Sponsored By: Patrick A. Hope (Democratic)

Became Law

Summary

Requirement for appeals bond; indigent parties; appeal of unlawful detainer. Removes the requirement for an indigent defendant, as defined in the bill, to post an appeal bond in an unlawful detainer action appealed from the general district court.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 1 costs, 3 mixed.

Higher bond and payments in eviction appeals

The law requires renters who appeal an eviction to post a bond that covers rent due and rent that may come due, up to one year’s rent. It must also cover up to three months of occupation damages and any attorney fees. In residential cases, the bond equals the outstanding rent, late charges, attorney fees, and other listed charges; if you do not post it, the appeal is not perfected. After you perfect the appeal, you must keep paying the contract rent to the landlord by the fifth of each month. If you miss a payment, the judge enters judgment for unpaid amounts and orders possession, unless you filed a motion to keep funds and the court later orders otherwise. Money held by the court is released to the landlord unless you ask to keep it and, after a hearing, the court finds you likely to win a money counterclaim.

Faster eviction writs and 10-day deadline

When a judge awards possession and the landlord asks, the court issues an eviction writ right away. The sheriff must give at least 72 hours’ notice with the date, time, and place before executing it. The sheriff cannot evict before the 10-day appeal period ends; if you perfect an appeal, the sheriff returns the writ. In general district court eviction cases, you must file your appeal, post the bond, and pay the writ tax within 10 days of the judgment.

Indigent bond rules and eviction exceptions

If the court finds you indigent under § 19.2-159, you do not have to post an appeal bond in most civil cases. If a public housing authority brings the eviction, an indigent tenant never has to post a bond to appeal. But if you are a former homeowner sued for possession after foreclosure, you must post an appeal bond within 30 days of the judgment even if you are indigent. The law uses § 19.2-159 to decide who counts as indigent.

General civil appeal bond and fees

In most civil appeals (not general district court evictions), you must post the appeal bond within 30 days, and include any attorney fees awarded. You must also pay the writ tax and service fees to the clerk within 30 days of the judgment. Some appellants do not need a bond, including a plaintiff when there is no counterclaim, the Commonwealth, and people appealing to protect certain estates or local interests. If you have liability insurance that covers the judgment, your bond cannot be higher than the insurer‑covered amount.

Sponsors & Cosponsors

Sponsor

  • Patrick A. Hope

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 214 • No: 79

Senate vote 2/23/2026

Passed Senate

Yes: 20 • No: 17

Senate vote 2/23/2026

Passed Senate

Yes: 21 • No: 17

Senate vote 2/23/2026

Reconsideration of Senate passage agreed to by Senate

Yes: 38 • No: 0

Senate vote 2/20/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 2/20/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/18/2026

Reported from Courts of Justice

Yes: 11 • No: 3

House vote 2/3/2026

Read third time and passed House

Yes: 62 • No: 35

House vote 1/28/2026

Reported from Courts of Justice with amendment(s)

Yes: 13 • No: 6

House vote 1/21/2026

Subcommittee recommends reporting with amendment(s)

Yes: 9 • No: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0579)

    4/13/2026Governor
  2. Approved by Governor-Chapter 579 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Bill text as passed House and Senate (HB221ER)

    2/25/2026House
  6. Enrolled

    2/25/2026House
  7. Signed by President

    2/25/2026Senate
  8. Signed by Speaker

    2/25/2026House
  9. Passed Senate (21-Y 17-N 0-A)

    2/23/2026Senate
  10. Reconsideration of Senate passage agreed to by Senate (38-Y 0-N 0-A)

    2/23/2026Senate
  11. Passed Senate (20-Y 17-N 0-A)

    2/23/2026Senate
  12. Read third time

    2/23/2026Senate
  13. Passed by for the day Block Vote (Voice Vote)

    2/20/2026Senate
  14. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    2/20/2026Senate
  15. Rules suspended

    2/20/2026Senate
  16. Reported from Courts of Justice (11-Y 3-N)

    2/18/2026Senate
  17. Referred to Committee for Courts of Justice

    2/4/2026Senate
  18. Constitutional reading dispensed (on 1st reading)

    2/4/2026Senate
  19. Read third time and passed House (62-Y 35-N 0-A)

    2/3/2026House
  20. Engrossed by House as amended

    2/2/2026House
  21. committee amendments agreed to

    2/2/2026House
  22. Read second time

    2/2/2026House
  23. Read first time

    1/30/2026House
  24. Reported from Courts of Justice with amendment(s) (13-Y 6-N)

    1/28/2026House
  25. Subcommittee recommends reporting with amendment(s) (9-Y 1-N)

    1/21/2026House

Bill Text

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