VIRGINIA HOUSE BILL 311
By: Sarah Tozer, Associate Attorney, Rosenberg & Associates, LLC
The Virginia General Assembly has passed a new bill, HB 311, related to unlawful detainer action after a foreclosure. The bill amends Sections 8.01-126 and 8.01-130 of the Code of Virginia. The bill has been approved by the Governor and will go into effect on July 1, 2018. The primary purpose is to codify the authority of the successor owner to bring an unlawful detainer action and recover some costs in the general district court.
The changes to Section 8.01-126 clarify that a former owner that remains in possession of the property is a tenant at sufferance and the successor owner may terminate such tenancy after three (3) days written notice. The additional language also allows the successor owner to seek fair market value rent from the date of the foreclosure to the date that the tenant vacates as well as damages, attorney fees, and court cost.
This change strengthens the position of the successor owner in unlawful detainer matters but does not substantially change how our firm handles eviction matters, as we have always provided the written notice as part of our best practices. We look forward to working with our clients over the next several months to determine when it will be appropriate to seek rent as well as other costs in future unlawful detainer actions.