§ 8.01-128.Verdict and judgment; damages.

Section 8.01-128 tells the court what a winning plaintiff gets. If the evidence shows the plaintiff was forcibly or unlawfully turned out of possession, or that possession was unlawfully detained, the verdict or judgment awards the plaintiff the premises — or whatever part of them was found to have been held or detained wrongfully — plus damages the plaintiff proves from the forcible or unlawful entry or detention, and rent the plaintiff proves was owed.

The section also offers a faster alternative. At the initial hearing, the plaintiff can get a final, appealable judgment for possession and an order of possession right away, based on the evidence presented. If the plaintiff asks, the court bifurcates the case, setting a continuance date no more than 120 days out to work out the final rent and damages — unless the defendant contests the amount of rent and damages at that initial hearing, in which case the court does not bifurcate. On the continuance date, the court allows the amount on the summons to be amended based on a notice of hearing mailed to the defendant’s last known address and filed with the court at least fifteen days before the continuance, the evidence presented, and the rental agreement’s terms; a defendant who showed up at the initial hearing keeps the right to contest the case as otherwise allowed by law. If the possession ruling gets appealed, the whole case is treated as appealed, not just the possession piece. The plaintiff has to mail the defendant notice, at least fifteen days before the continuance date, spelling out the date, the final rent and damages amounts, and the fact that the plaintiff is seeking additional judgment — and file a copy of that notice with the court.

Either way, a verdict or judgment under this section does not close the door on other claims. It does not bar a separate, concurrent, or future action for any damages or rent that were not claimed in this proceeding.