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Bill

HB 845

Unlawful detainer; bifurcation of case, contested rent and damages.

2026 Regular Session Introduced by Katrina Callsen and 2 co-sponsors

Virginia bill requiring courts to split eviction cases into separate proceedings when tenants dispute rent amounts or damage claims, giving tenants more opportunity to defend themselves before eviction.

Passed Senate (21-Y 19-N 0-A)
0
WeVote Research Nonpartisan
Bill Summary · HB 845

Legislative bill overview

HB 845 modifies Virginia's unlawful detainer (eviction) process by requiring courts to bifurcate cases when tenants contest rent amounts or dispute damage claims. This means courts must separately address whether a tenant owes rent before proceeding to eviction, and must handle damage disputes independently from the unlawful detainer action itself.

Why is this important

Unlawful detainer cases are expedited proceedings that typically move quickly toward eviction. This bill slows that process to allow tenants to challenge the rent owed or dispute landlord damage claims in court, potentially preventing wrongful evictions and ensuring tenants have meaningful opportunity to defend themselves before losing housing.

Potential points of contention

  • Landlord concerns: Extended timelines and bifurcated proceedings increase costs, complexity, and delay in recovering properties or unpaid rent, potentially incentivizing some landlords to avoid renting to lower-income tenants
  • Judicial efficiency: Courts may face increased caseload burden from splitting single cases into multiple proceedings, affecting overall docket management
  • Scope ambiguity: The bill's language on what constitutes a "contested" rent or damage claim may create disputes over which cases actually require bifurcation, leading to inconsistent application across jurisdictions

Compiled from official sources — confirm details with the bill’s official record.

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