CHAPTER 635
An Act to amend and reenact § 8.01-126 of the Code of Virginia, relating to summons for unlawful detainer; additional information; legal resources; plain-language overview of process.
[H 593]
Approved April 13, 2026
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-126 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-126 . Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court.
A. For the purposes of this section, "termination notice" means a notice given under § 55.1-1245 or other notice of termination of tenancy given by the landlord to the tenant of a dwelling unit, or any notice of termination given by a landlord to a tenant of a nonresidential premises.
B. In any case when possession of any house, land or tenement is unlawfully detained by the person in possession thereof, the landlord, his agent, attorney, or other person, entitled to the possession may present to a magistrate or a clerk or judge of a general district court a statement under oath of the facts which authorize the removal of the tenant or other person in possession, describing such premises; and thereupon such magistrate, clerk or judge shall issue his summons against the person or persons named in such affidavit. The process issued upon any such summons issued by a magistrate, clerk or judge may be served as provided in § 8.01-293 , 8.01-296 , or 8.01-299 . When issued by a magistrate it may be returned to and the case heard and determined by the judge of a general district court. If the summons for unlawful detainer is filed to terminate a tenancy pursuant to the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.), the initial hearing on such summons shall occur as soon as practicable, but not more than 21 days from the date of filing. If the case cannot be heard within 21 days from the date of filing, the initial hearing shall be held as soon as practicable, but in no event later than 30 days after the date of the filing. If the plaintiff requests that the initial hearing be set on a date later than 21 days from the date of filing, the initial hearing shall be set on a date the plaintiff is available that is also available for the court. Such summons shall be served at least 10 days before the return day thereof. If a summons for unlawful detainer is filed by an owner of a residential single family dwelling unit in the Commonwealth and the court finds based upon the evidence that (i) no rental agreement exists or has ever existed between the owner and the occupant; (ii) the occupant occupies such dwelling unit without permission of such owner; and (iii) the owner has given such occupant a written notice to vacate such dwelling unit at least 72 hours prior to the date of filing, an emergency hearing on such summons shall occur as soon as practicable, but not more than 14 days from the date of filing. If the case cannot be heard within 14 days from the date of filing, the emergency hearing shall be held as soon as practicable, but in no event later than 30 days after the date of the filing.
C. 1. Any summons issued pursuant to the provisions of this section shall contain a notice to the tenant that, pursuant to the provisions of § 18.2-465.1 , it is unlawful for his employer to discharge him from employment or take any adverse personnel action against him as a result of his absence from employment due to appearing at any initial or subsequent hearing on such summons, provided that he has given reasonable notice of such hearing to his employer.
2. Any summons issued pursuant to the provisions of this section may, with the approval of the chief judge of the general district court or the chief judge of the circuit court, have attached additional information prepared by the Commonwealth, the locality in which such hearing is to be held or a nonprofit organization serving the jurisdiction in which such hearing is to be held, regarding (i) legal resources available to the plaintiff and defendant, (ii) a plain-language overview of the unlawful detainer process, and (iii) the Eviction Diversion Program eligibility and applicability as outlined in Article 7 (§ 55.1-1260 et seq.) of Chapter 12 of Title 55.1.