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.
§ 8.01-124.Motion for judgment in circuit court for unlawful entry or detainer.
Chapter 3. Actions · Article 13. Unlawful Entry and Detainer · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-124 lets a person forced out of land by a forcible or unlawful entry, or a person whose land a tenant keeps after the tenant’s right to possession has expired, file a motion for judgment in circuit court alleging the defendant is in unlawful possession.
Full Text of § 8.01-124
Plain-English Summary
Section 8.01-124 opens Virginia’s circuit-court track for recovering possession of land. It covers two distinct situations: a forcible or unlawful entry onto land, and a lawful, peaceable entry that turns unlawful because the tenant keeps possession after the tenant’s right to it has expired, without the consent of the person entitled to possession.
Either way, the person wronged has standing to sue — the party turned out of possession, regardless of what right or title that party held to the land, or the party against whom possession is being unlawfully withheld. That person may file a motion for judgment in the circuit court alleging that the defendant is in possession and is unlawfully withholding the premises from the plaintiff.
Frequently Asked Questions
What two situations does Virginia’s unlawful entry and detainer action cover?
A forcible or unlawful entry onto land, and a lawful entry where the tenant keeps possession after the right to it has expired without the possessor’s consent.
Do I need to prove I own the land to sue for unlawful entry?
No. Section 8.01-124 lets the party turned out of possession sue regardless of what right or title that party had to the land.
Where is this kind of action filed?
A motion for judgment may be filed in the circuit court.
What does the motion for judgment have to allege?
That the defendant is in possession of the premises and is unlawfully withholding them from the plaintiff.
How is this circuit-court action different from an unlawful detainer summons before a magistrate?
This section addresses a motion for judgment filed directly in circuit court, while Section 8.01-126 covers a summons process that typically starts before a magistrate or general district court.
Amendment History
Code 1950, § 8-789; 1954, c. 549; 1975, c. 235; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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