If a defendant who is a tenant in possession of land in an action initiated pursuant to § 8.01-178.2 commits any waste on the land, the court may, on petition of the plaintiff alleging such waste, verified by oath, and after reasonable notice to the tenant, prohibit the tenant from committing further waste on the land during the pendency of the action. Violation of such order by the tenant after he has been served with a copy may be punished as contempt. The order shall not be effective until the plaintiff gives bond with sufficient surety as prescribed by the court, with condition to pay to the tenant, in case the plaintiff does not succeed in recovering or charging the land, such damages as may accrue to the tenant as a consequence of such order. If the plaintiff succeeds in recovering or charging the land, he may recover three times the amount of the damages assessed for such waste.
§ 8.01-178.4.Waste committed during pendency of action.
Chapter 3. Actions · Article 15.1. Waste · Last amended 2019 · Last verified July 16, 2026
In one sentenceWhile a waste action under Section 8.01-178.2 is pending, the court may, on a verified petition and after notice, order a tenant-defendant to stop committing further waste, backed by a bond and contempt sanctions, and a plaintiff who ultimately prevails may recover triple damages for waste committed after the order issued.
Full Text of § 8.01-178.4
Plain-English Summary
Section 8.01-178.4 protects a plaintiff from further harm while a waste action already filed under Section 8.01-178.2 is still working its way through court. If the tenant-defendant in possession keeps committing waste during that pendency, the plaintiff can petition the court to prohibit further waste, but only after alleging the waste under oath and giving the tenant reasonable notice.
Once such an order issues, it carries real force: a tenant who violates it after being served a copy can be held in contempt. But the order does not take effect the moment it is signed — the plaintiff must first post a bond with sufficient surety, as the court prescribes, conditioned on paying the tenant any damages the order causes if the plaintiff ultimately does not succeed in recovering or charging the land.
If the plaintiff does succeed, the stakes for the tenant rise sharply: rather than ordinary damages, the plaintiff may recover three times the damages assessed for the waste committed during the pendency of the action, a penalty aimed at deterring a tenant from stripping value out of contested property while the case is still undecided.
Frequently Asked Questions
What can a plaintiff do if a tenant keeps committing waste while a Section 8.01-178.2 action is pending?
Petition the court, under oath and after reasonable notice to the tenant, to prohibit further waste on the land.
What happens if the tenant violates such an order?
It may be punished as contempt, once the tenant has been served with a copy of the order.
Does the anti-waste order take effect immediately?
No, only once the plaintiff posts bond with sufficient surety as the court prescribes.
What is the bond meant to protect against?
Paying the tenant damages caused by the order if the plaintiff does not ultimately recover or charge the land.
What damages can a successful plaintiff recover for waste committed after the order issued?
Three times the amount of damages assessed for that waste.
Amendment History
Code 1919, § 5511; Code 1950, § 55-216; 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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