No judgment in an action brought under the provisions of this article shall bar any action of trespass, ejectment, or unlawful detainer between the same parties, nor shall any such judgment or verdict be conclusive, in any such future action, of the facts therein found.
§ 8.01-130.Judgment not to bar action of trespass, ejectment, or unlawful detainer.
Chapter 3. Actions · Article 13. Unlawful Entry and Detainer · Last amended 2018 · Last verified July 16, 2026
In one sentenceSection 8.01-130 provides that no judgment in an unlawful entry or detainer action bars a later action of trespass, ejectment, or unlawful detainer between the same parties, and that neither the judgment nor the verdict conclusively establishes the facts found in that future action.
Full Text of § 8.01-130
Plain-English Summary
Section 8.01-130 limits how much weight an unlawful entry or detainer judgment carries going forward. A judgment entered under this article does not bar the same parties from later bringing an action of trespass, ejectment, or unlawful detainer, even though it covers the same property or the same underlying dispute.
The judgment or verdict also does not lock in the facts for that later action. Nothing found in the unlawful entry or detainer case is treated as conclusively established the next time the parties litigate — the later action starts fresh rather than being bound by what was decided in the summary possession proceeding.
Frequently Asked Questions
If I lose an unlawful detainer case, can the other side still sue me for trespass or ejectment later?
Yes. Section 8.01-130 says no judgment in an unlawful entry or detainer action bars a later action of trespass, ejectment, or unlawful detainer between the same parties.
Does the unlawful detainer verdict decide the facts for a later ejectment case?
No. The verdict or judgment is not conclusive of the facts found, so a later action is not bound by what the first case decided.
Why would Virginia law let the same dispute be relitigated in a different action?
Unlawful entry and detainer proceedings are meant to resolve possession quickly, not to serve as the final word on title or every underlying fact, so the law keeps the door open for a more thorough action later.
Does this section apply only to the losing party, or can either side bring the later action?
The section refers broadly to actions “between the same parties,” so it is not limited to only the losing party bringing the later suit.
Can this later action of trespass or ejectment involve a different theory than the unlawful detainer case?
Yes, since the earlier judgment does not conclusively establish the facts, the later action can proceed on its own footing, including different legal theories like trespass or ejectment.
Amendment History
Code 1950, § 8-795; 1977, c. 617; 2018, c. 255.
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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