Virginia 2023 Regular Session

Virginia House Bill HB1836

Introduced
1/10/23  
Refer
1/10/23  
Report Pass
1/23/23  
Engrossed
1/26/23  
Refer
1/30/23  
Report Pass
2/8/23  
Engrossed
2/13/23  
Engrossed
2/15/23  
Enrolled
2/20/23  
Chaptered
3/23/23  

Caption

Writs of eviction; returns to issuing clerk.

Impact

The changes instituted by HB 1836 are expected to simplify the eviction process for landlords while providing a more structured timeline for tenants facing eviction. By clarifying the rules regarding writs of eviction, the bill aims to reduce confusion and delays associated with the current legal framework. This could lead to quicker resolution of eviction cases, thereby benefiting landlords who have been awaiting possession of their rental properties. Additionally, the bill mandates annual reporting on executed writs, enabling better data tracking for judicial outcomes related to evictions.

Summary

House Bill 1836 amends ยง8.01-471 of the Code of Virginia, which pertains to the issuance of writs of eviction in cases of unlawful entry and detainer. The bill establishes a time frame for issuing these writs, specifying that they must be issued within 180 days from the date of judgment for possession and returned within 30 days of issuance. If a writ is not executed within this 30-day period, it will automatically be vacated, streamlining the eviction process and impacting how quickly landlords can reclaim possession of their properties.

Sentiment

Sentiment around HB 1836 appears to be mixed, with supporters likely praising the bill for addressing the inefficiencies in the eviction process while opponents may express concerns regarding tenant rights. Advocates argue that the streamlined process is a pragmatic response to the challenges faced by landlords in managing their properties. Conversely, tenant advocacy groups may view the bill as potentially exacerbating housing instability, fearing that the quickened pace of evictions could lead to increased homelessness among vulnerable populations.

Contention

Debate surrounding HB 1836 also revolves around balancing the interests of landlords with protections for tenants. While the bill seeks to accelerate the eviction process, it raises questions about the adequacy of safeguards for tenants, particularly in situations where individuals may require more time to address eviction notices. The requirement for annual reports and a study to improve data collection around unlawful detainers indicates an awareness of the need for ongoing assessment of the bill's impact on housing stability and tenant rights.

Companion Bills

VA SB1089

Same As Writs of eviction; returns to issuing clerk.

Previously Filed As

VA SB1089

Writs of eviction; returns to issuing clerk.

VA HB86

Summons for unlawful detainer; specifies a process by which a plaintiff may amend amount due to him.

VA SB1221

Public housing authorities; indigent parties, unlawful detainer.

VA HB2415

Public housing authorities; indigent parties, unlawful detainer.

VA HB1584

Unlawful detainer actions; no rental agreement between owner and occupant; immediate execution of writ of possession.

VA HB598

Virginia Residential Landlord & Tenant Act; landlord remedies, noncompliance with rental agreement.

VA SB434

Relating to evictions; prescribing an effective date.

VA HB614

Appeals bond; removes requirement for indigent parties to post, appeal of unlawful detainer.

VA SB474

Appeals bond; removes requirement for indigent parties to post, appeal of unlawful detainer.

VA SB939

Emergencies: COVID-19: commercial tenancies: evictions.

Similar Bills

No similar bills found.