§ 8.01-133.Who shall be defendants; when and how landlord may defend.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-133 tells the plaintiff who to name as defendants — the person occupying the premises and anyone claiming an adverse interest — and lets a landlord step in and defend when a tenant is sued by someone attacking the landlord’s title.
Full Text of § 8.01-133
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The person actually occupying the premises and any person claiming title thereto or claiming any interest therein adversely to the plaintiff may also, at the discretion of the plaintiff, be named defendants in the action. If there be no
person actually occupying the premises adversely to the plaintiff, then the action must be against some person exercising ownership thereon or claiming title thereto or some interest therein at the commencement of suit. If a lessee be made defendant at the suit of a party claiming against the title of his landlord such landlord may appear and be made a defendant with or in place of his lessee.
Plain-English Summary
Section 8.01-133 gives the plaintiff discretion over which adverse claimants to name. The person occupying the premises, along with anyone claiming title or an adverse interest in them, may be joined as defendants.
If nobody occupies the property adversely to the plaintiff, the action must still target someone — specifically, a person exercising ownership over the premises or claiming title or an interest in them when the suit begins. And when a tenant is named as defendant by someone suing against the landlord’s title, the statute lets the landlord appear in the case and be substituted for, or added alongside, the tenant.
Frequently Asked Questions
Who does an ejectment plaintiff have to sue in Virginia?
The plaintiff may name the person occupying the premises and anyone claiming title or an adverse interest in them. If no one occupies the land adversely to the plaintiff, the suit must be against someone exercising ownership over it or claiming title or an interest in it at the time the action starts.
Can a landlord get involved in an ejectment suit filed against a tenant?
Yes. If a lessee is sued by someone claiming against the landlord’s title, the landlord may appear in the action and be made a defendant, either replacing the tenant or joining alongside.
Is naming every adverse claimant mandatory?
Naming the occupant and any adverse claimants is left to the plaintiff’s discretion under Section 8.01-133, except that when there is no adverse occupant, the suit must proceed against whoever is exercising ownership or claiming an interest.
Why would a landlord want to substitute into a tenant’s ejectment case?
Because the suit targets the landlord’s title, not just the tenant’s occupancy. Letting the landlord appear and defend protects the landlord’s own claim to the property rather than leaving the defense to a tenant with no stake in the title dispute.
What if the person occupying the property has no adverse claim at all?
Section 8.01-133 is directed at adverse occupants and claimants. If there is no one occupying adversely to the plaintiff, the action shifts to whoever is exercising ownership or asserting title or an interest in the premises.
Amendment History
Code 1950, § 8-800; 1954, c. 333; 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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