VirginiaHB8452026 Regular SessionHouseWALLET

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

Sponsored By: Rae Cousins (Democratic)

Became Law

Summary

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.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Faster possession, rent later in evictions

The court can enter a final, appealable possession order at the first hearing if the plaintiff presents evidence, and any appeal of possession brings up the entire case. If the plaintiff asks, the court splits the case and sets a date within 120 days to decide rent and damages. If the tenant contests the rent or damages at the first hearing, the court does not split the case. At least 15 days before the continuance, the plaintiff must mail and file a notice with the date and the amounts. On that date, the court may allow changes only if they match the notice, the evidence, and the lease.

Judgment covers possession, rent, damages

If the plaintiff proves a forcible or unlawful entry or detention, the court awards possession of the property. The court also awards any proven damages from the entry or detention and any rent that is owed. A judgment in the case does not block a separate or later lawsuit for rent or damages that were not claimed.

Sponsors & Cosponsors

Sponsor

  • Rae Cousins

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 176 • No: 48

Senate vote 3/11/2026

Passed Senate

Yes: 21 • No: 19

Senate vote 3/10/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/10/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/9/2026

Reported from Courts of Justice

Yes: 9 • No: 6

House vote 2/17/2026

Read third time and passed House

Yes: 74 • No: 23

House vote 2/11/2026

Reported from Courts of Justice

Yes: 22 • No: 0

House vote 2/4/2026

Subcommittee recommends reporting

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0432)

    4/8/2026Governor
  2. Approved by Governor-Chapter 432 (effective 7/1/2026)

    4/8/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB845)

    3/31/2026House
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed House and Senate (HB845ER)

    3/30/2026House
  8. Enrolled

    3/30/2026House
  9. Signed by President

    3/30/2026Senate
  10. Passed Senate (21-Y 19-N 0-A)

    3/11/2026Senate
  11. Read third time

    3/11/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    3/10/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/10/2026Senate
  14. Rules suspended

    3/10/2026Senate
  15. Reported from Courts of Justice (9-Y 6-N)

    3/9/2026Senate
  16. Referred to Committee for Courts of Justice

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

    2/18/2026Senate
  18. Read third time and passed House (74-Y 23-N 0-A)

    2/17/2026House
  19. Moved from Uncontested Calendar to Regular Calendar

    2/17/2026House
  20. Read second time and engrossed

    2/16/2026House
  21. Read first time

    2/13/2026House
  22. Reported from Courts of Justice (22-Y 0-N)

    2/11/2026House
  23. Subcommittee recommends reporting (10-Y 0-N)

    2/4/2026House
  24. Fiscal Impact Statement from Department of Planning and Budget (HB845)

    2/2/2026House
  25. Assigned HCJ sub: Civil

    2/2/2026House

Bill Text

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