If the defendant intends to claim allowance for improvements made upon the premises by himself or those under whom he claims, he shall file with his pleading a statement of his claim therefor, in case judgment be rendered for the plaintiff.
§ 8.01-160.Defendant to give notice of claim for improvements.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-160 requires a defendant who intends to claim an allowance for improvements made to the premises, by the defendant or a predecessor in interest, to file a statement of that claim with the pleading, in case judgment is rendered for the plaintiff.
Full Text of § 8.01-160
Plain-English Summary
Section 8.01-160 gives a losing ejectment defendant a way to seek credit for improvements made to the property. If the defendant plans to claim an allowance for improvements — whether made by the defendant personally or by someone under whom the defendant claims — that intention has to be raised early.
The defendant must file a statement of that claim along with the pleading, so the issue is on record in case judgment ultimately goes to the plaintiff. Waiting until after judgment to raise the claim is not contemplated by the statute; the notice requirement comes with the pleading itself.
Frequently Asked Questions
How does a defendant claim credit for improvements made to the property?
By filing a statement of that claim along with the pleading, as required by Section 8.01-160, in case judgment is later rendered for the plaintiff.
Does the defendant have to have made the improvements personally?
No. The statute covers improvements made by the defendant or by those under whom the defendant claims, such as a predecessor in interest.
When must the defendant file the statement claiming improvements?
With the pleading — the statute requires it to be filed at that stage, not after judgment is entered.
What happens to the improvement claim if the defendant wins the case outright?
The statute frames the claim as relevant “in case judgment be rendered for the plaintiff,” since the allowance for improvements only becomes relevant once the defendant is going to lose the underlying possession dispute.
How is the value of the improvement claim determined?
Section 8.01-161 addresses that — once the claim is filed, the plaintiff’s damages and the defendant’s improvement allowance are estimated, and the balance between them determines the judgment.
Amendment History
Code 1950, § 8-829; 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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