Chapter 3. Actions · Article 13.1. Warrants in Distress · Last amended 2019 · Last verified July 16, 2026
In one sentenceSection 8.01-130.4 gives a landlord five years to seek a distress warrant, requires a sheriff to execute it under authority from a judge or magistrate who reviews a sworn petition ex parte, conditions issuance on statutory grounds, bond, and paid costs, and directs how the warrant is served, levied, and returned.
Full Text of § 8.01-130.4
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A distress action for rent may be brought no later than five years from the time the rent becomes due, whether the lease is ended or not. The distress shall be made by a sheriff of the county or city where the premises yielding the rent, or some part thereof, is located or the goods liable to distress may be found, under warrant from a judge of, or a magistrate serving, the judicial district. Such warrant shall be founded upon a sworn petition of the person claiming the rent, or his agent, that (i) the petitioner believes the amount of money or other thing by which the rent is measured, to be specified in the petition in accordance with § 8.01-130.6, is justly due to the claimant for rent reserved upon contract from the person of whom it is claimed, (ii) the petitioner alleges one or more of the grounds mentioned in § 8.01-534 and sets forth in the petition specific facts in support of such allegation, and (iii) the rent claimed is for rent due within five years from the time that it becomes due. The petition shall also specify the amount of the rent claimed and request either levy or seizure of the affected property prior to trial. The plaintiff shall, at the time of suing out a distress, give bond in conformity with the provisions of § 8.01-537.1. The plaintiff praying for a distress warrant shall, at the time that he files his petition, pay the proper costs, fees, and taxes, and in the event of his failure to do so, the distress warrant shall not be issued.
A judge or magistrate shall make an ex parte review of the petition and may receive evidence only in the form of a sworn petition, which shall be filed in the office of the clerks of court. The warrant may be issued in accordance with the prayer of the petition by a judge or magistrate only upon a determination that there appears from the petition that there is reasonable cause to believe that one of the grounds mentioned in § 8.01-534 exists, the allegations required to be in the petition are true, and bond that complies with § 8.01-537.1 has been posted.
Each copy of the distress warrant shall be issued and served on each defendant together with (a) a form for requesting a hearing of exemption from levy or seizure, as provided in § 8.01-546.1, and (b) a copy of the bond. The distress warrant may be issued or executed on any day, including a Saturday, Sunday, or other legal holiday. Service
shall be made in accordance with the methods described in § 8.01-487.1. The provisions of § 8.01-546.2 shall govern claims for exemption.
The officer into whose hands the warrant is delivered shall levy or seize as directed in the warrant, except as may be provided by statute, the property found on the premises of the tenant as provided by § 8.01-130.6. The officer shall return the warrant of distress to the court to which the warrant of distress is returnable by the return date unless otherwise notified by the court to make return by an earlier date.
Plain-English Summary
Section 8.01-130.4 sets the outer time limit and the mechanics for starting a distress action. A landlord has five years from when rent becomes due to bring one, whether or not the lease has ended by that point. Execution falls to the sheriff of the county or city where the leased premises, or some part of them, sit, or where the goods subject to distress can be found, acting under a warrant issued by a judge or a magistrate serving that judicial district.
That warrant does not issue on request alone. It rests on a sworn petition from the landlord or an agent, which must state that the amount claimed as rent, specified in the way § 8.01-130.6 requires, is justly due; must allege one or more of the grounds recognized in § 8.01-534 for a pretrial levy or seizure, backed by specific supporting facts; and must confirm the rent claimed fell due within the five-year window. The petition also has to specify the rent amount and ask for levy or seizure ahead of trial. The landlord must post bond under § 8.01-537.1 and pay the costs, fees, and taxes at the time of filing — skip that payment, and the warrant does not issue.
A judge or magistrate reviews the petition ex parte, working only from the sworn petition itself, which is filed with the clerk’s office. The warrant can issue only on a finding of reasonable cause: that a § 8.01-534 ground exists, that the petition’s required allegations are true, and that bond meeting § 8.01-537.1 has been posted.
Once issued, each copy of the warrant must be served on each defendant together with a form for requesting an exemption hearing under § 8.01-546.1 and a copy of the bond, using the service methods described in § 8.01-487.1; § 8.01-546.2 governs the exemption claim itself. The warrant can be issued or executed on any day, including weekends and holidays. The officer who receives it levies or seizes the property found on the tenant’s premises as § 8.01-130.6 allows, and must return the warrant to the court by its return date, or sooner if the court says so.
Frequently Asked Questions
How long does a landlord have to seek a warrant in distress in Virginia?
Five years from the time the rent becomes due, under § 8.01-130.4, whether or not the lease has since ended.
What must a landlord’s petition for a distress warrant say?
It must be sworn, state the rent amount justly due as specified under § 8.01-130.6, allege one or more of the grounds recognized in § 8.01-534 with supporting facts, and confirm the rent fell due within the five-year period. It must also request levy or seizure before trial.
Does the tenant get notice before a warrant in distress is issued?
No. Section 8.01-130.4 has the judge or magistrate review the petition ex parte, working only from the sworn petition itself, before the warrant issues.
Does a landlord have to post a bond to get a distress warrant?
Yes. Section 8.01-130.4 requires bond that complies with § 8.01-537.1 before the warrant can issue, along with payment of the costs, fees, and taxes due at filing.
What happens after the officer levies on the tenant’s property?
The officer levies or seizes the property described in § 8.01-130.6 and must return the warrant to the court by its return date, or by an earlier date if the court directs.
Amendment History
Code 1919, § 5522; Code 1950, § 55-230; 1962, c. 10; 1974, c. 458; 1976, c. 177; 1980, c. 555; 1986, c. 341; 1993, c. 841; 2008, cc. 551, 691; 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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