§ 55.1-1422 — How owner relieved in court

Virginia § 55.1-1422

• Jurisdiction: Virginia
• Title 55.1: Property and Conveyances
• Subtitle III: Rental Conveyances
• Ch. 14: Nonresidential Tenancies
• Art. 5: Miscellaneous Provisions

Text

If the owner of lands subject to a proceeding filed pursuant to § 55-1419, or any person having right or claim to such land, files within the appropriate time his complaint for relief, he shall not have or continue any injunction against the proceedings at law on the ejectment, unless, within 30 days following a full and perfect answer filed by the plaintiff in ejectment, he brings into court, or deposits in a bank within the Commonwealth to the credit of the cause, such money as the plaintiff in ejectment, in his answers, swears to be due and in arrear, over and above all just allowances and also the costs taxed in the action, there to remain until the hearing of the cause, or to be paid out to the plaintiff on good security, subject to the order of the court. If the complaint is filed within the appropriate time, and after execution executed, the plaintiff shall be accountable for no more than he, really and bona fide, without fraud, deceit, or willful neglect, makes of the premises from the time of his entering into the actual possession of the premises, and if it is less than the rent payable, then the possession shall not be restored until the plaintiff is paid the balance of the rent for the time he so held the lands.

Legislative History

Code 1919, § 5533; Code 1950, § 55-242; 2019, c. 712.