§ 8.01-178.4 — Waste committed during pendency of action

Virginia § 8.01-178.4

• Jurisdiction: Virginia
• Title 8.01: Civil Remedies and Procedure
• Ch. 3: Actions
• Art. 15.1: Waste

Text

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.

Legislative History

Code 1919, § 5511; Code 1950, § 55-216; 2019, c. 712.