Rent of every kind may be recovered by distress or action. A landlord may also, by action, recover, when the agreement is not by deed, a reasonable satisfaction for the use and occupation of lands. On the trial of such action, if any parol demise or any agreement not by deed whereon a certain rent was reserved appears in evidence, the plaintiff shall not therefor be nonsuited, but may use the same as evidence of the amount of his debt or damages. In any action for rent, or for such use and occupation, interest shall be allowed as on other contracts.
§ 8.01-130.1.Remedy for rent and for use and occupation.
Chapter 3. Actions · Article 13.1. Warrants in Distress · Last amended 2019 · Last verified July 16, 2026
In one sentenceSection 8.01-130.1 lets a landlord recover rent by distress or by an ordinary action, allows a suit for the reasonable value of use and occupation when the lease is not under seal, and puts interest on unpaid rent and use-and-occupation awards on the same footing as any other contract debt.
Full Text of § 8.01-130.1
Plain-English Summary
Section 8.01-130.1 opens Article 13.1 by naming the two paths a landlord can take to collect rent: distress, the seizure procedure the rest of the Article spells out, or an ordinary civil action. It adds a third option for a narrower situation. When the agreement between landlord and tenant was never put under seal — not “by deed” in the older phrasing — the landlord can instead sue for a reasonable satisfaction for the use and occupation of the land, even without a formal lease to point to.
The section then heads off a problem that could otherwise sink a use-and-occupation suit. If an oral lease or some other unsealed agreement setting a fixed rent turns up as evidence at trial, the landlord is not thrown out of court for having sued on the wrong theory. That agreement can still be used as evidence of how much is owed. Finally, whatever the theory of recovery, interest accrues on the judgment the same way it would on any other contract debt, so a landlord chasing overdue rent is not left worse off than one collecting on a promissory note.
Frequently Asked Questions
What is the difference between recovering rent by distress and recovering it by an action?
Distress is the seizure procedure set out in the rest of Article 13.1, carried out through a warrant and a sheriff. An action is an ordinary civil lawsuit for the rent owed. Section 8.01-130.1 lets a landlord choose either path.
When can a landlord sue for use and occupation instead of rent?
When the agreement between the parties was not made by deed. In that situation, § 8.01-130.1 allows the landlord to recover a reasonable satisfaction for the tenant’s use and occupation of the property rather than suing on the lease itself.
Does it hurt the landlord’s case if an oral lease comes up as evidence in a use-and-occupation suit?
No. Section 8.01-130.1 states that a parol demise or other unsealed agreement showing a certain rent does not get the landlord nonsuited. It can instead be used as evidence of the amount of the debt or damages.
Does interest run on unpaid rent in Virginia?
Yes. Section 8.01-130.1 allows interest on judgments for rent or for use and occupation, on the same terms as interest on other contract debts.
Does this section explain how a landlord starts a distress case?
No. Section 8.01-130.1 only names distress and action as available remedies. The procedure for obtaining and executing a warrant in distress is set out in § 8.01-130.4 and the sections that follow it.
Amendment History
Code 1919, § 5519; Code 1950, § 55-227; 2019, c. 712.
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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