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Unlawful Detainer: Increased Money Damages

Section 16.1-77 of the Code of Virginia has been amended to permit a claim for unpaid rent and other rental damages regardless of amount in the General District Court. Prior to this amendment, landlords were forced to file separate action for eviction and money damages if they wanted a quick eviction and damages in excess of $7,000, This caused a lot of delay and expense in the collection of money damages because these actions were filed in the Circuit Court which has more procedure and longer delays (not to mention jury trials).

It is now possible to sue for possession of the premises and for the total amount of past due rent in the same claim. However, the amended statute applies only to business, commercial, or agricultural properties; Residential landlords cannot take advantage of the change.

Combining the eviction and money damages into the Unlawful Detainer may give rise to some concerns, however. The tenant will argue that the court cannot later award continuing rental charges. In many cases, the eviction action is used as a collection tool with no intent to retake possession; thus, termination of the lease may be an undesired consequence of this procedure.