Cal. Civ. Code § 8.01-128
Verdict and judgment; damages.
Operative Text
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. Code 1950, § 8-793; 1954, c. 609; 1977, c. 617; 2005, c. 779 ; 2010, c. 550 ; 2011, c. 76 ; 2016, c. 281 ; 2017, c. 481 ; 2019, cc. 180 , 700 ; 2026, c. 432 .
Virginia Code § 8.01-128 governs what a court can award when a tenant has been forcibly or unlawfully removed from a rental property, or when a landlord has unlawfully withheld possession. A successful plaintiff can recover the premises itself, proven damages arising from the unlawful entry or detention, and any rent owed. The statute also allows a court to split the case into two phases—one for possession and a later hearing for final rent and damages—under specific procedural conditions, and it preserves the right to bring separate future actions for any damages not resolved in the original proceeding.
Plain English — not legal advice.
Under Va. Code § 8.01-128, a landlord pursuing an unlawful detainer action can request that the court issue a judgment for possession at the initial hearing and then set a continuance date—no later than 120 days out—to determine final rent and damages, provided the tenant does not contest the amounts at the initial hearing. Compliant operators who use the bifurcation option generally mail the required notice to the tenant's last known address at least 15 days before the continuance date, including the continuance date itself, the final rent and damages amounts, and a statement that additional sums are being sought, and file a copy of that notice with the court. Keeping thorough records of unpaid rent, lease terms, and any damages to the property supports the evidentiary showing the court requires at both stages of the proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 8.01-128 protects tenants who have been forcibly or unlawfully removed from their home or whose possession has been unlawfully withheld, entitling them to a court judgment restoring possession and awarding proven damages. If a landlord requests bifurcation of the case at the initial hearing, tenants have the right to contest the amounts of rent and damages alleged to be due, which prevents the court from splitting the case into two phases. Tenants who receive a notice about a continuance date for final rent and damages, or who face an unlawful detainer action, may benefit from consulting a tenant-rights organization or legal aid provider familiar with Virginia unlawful detainer procedures to understand available defenses and options 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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