Cal. Civ. Code § 8.01-124
Motion for judgment in circuit court for unlawful entry or detainer.
Operative Text
If any forcible or unlawful entry be made upon lands, or if, when the entry is lawful and peaceable, the tenant shall detain the possession of land after the right has expired, without the consent of him who is entitled to the possession, the party so turned out of possession, no matter what right of title he had thereto, or the party against whom such possession is unlawfully detained may file a motion for judgment in the circuit court alleging that the defendant is in possession and unlawfully withholds from the plaintiff the premises in question. Code 1950, § 8-789; 1954, c. 549; 1975, c. 235; 1977, c. 617.
Virginia Code § 8.01-124 establishes a legal remedy in circuit court for two distinct situations involving land possession: when someone forcibly or unlawfully enters another's land, or when a tenant who entered lawfully continues to hold possession after their right to do so has ended without the consent of the rightful party. In either scenario, the party who has been displaced or whose possession is being unlawfully withheld may file a formal motion for judgment in circuit court. The provision makes this remedy available regardless of the underlying title or ownership claims the filing party may hold.
Plain English — not legal advice.
Under Va. Code § 8.01-124, property owners and managers who find their premises occupied without authorization—whether through a forcible entry or a holdover situation where a tenancy has expired—have a recognized path to circuit court to seek restoration of possession. Compliant operators generally document the expiration of any lease or right of occupancy and maintain records showing that possession is being withheld without consent. Filing a motion for judgment in the appropriate Virginia circuit court is the mechanism this provision contemplates for formally asserting that the occupant is unlawfully withholding the premises.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 8.01-124 is a provision that can be invoked against a tenant who remains in possession after their right to occupy has ended, but it also protects anyone who has been forcibly or unlawfully displaced from land they were entitled to possess. Tenants who receive or anticipate a circuit court motion for judgment under this provision may wish to review whether the underlying right of possession has actually expired and whether proper consent or notice procedures were followed. Consulting a tenant-rights organization or legal aid service familiar with Virginia landlord-tenant law can help clarify what defenses or responses may be available in a circuit court proceeding brought under this section.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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