SB 474 — Appeals bond; removes requirement for indigent parties to post, appeal of unlawful detainer.

SESSION SENATEENROLLED SUBSTITUTEVIRGINIA 22105634DACTS SENATEOF BILLASSEMBLY NO.–– CHAPTER E An Act to amend and reenact §§ 8.01-129 and 16.1-107 of the Code of Virginia, relating to requirement for appeals bond;

474indigent AMENDMENTparties; IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on the Judiciary on February 14, 2022) (Patron Prior to Substitute––Senator McClellan) A BILL to amend and reenact §§ 8.01-129 and 16.1-107 of the Code of Virginia, relating to requirement Be it enacted by the General Assembly of Virginia:wful detainer.

appeal of unlawful detainer.

R O [S 474] Approved L L Be it enacted by the General Assembly of Virginia:

E § 8.01-129.

A.D article, to the circuit court in the same manner and with like effect and upon like security as appeals taken under the provisions of § 16.1-106 et seq.

Anexcept appealas shallspecifically lieprovided from the judgment of a general district court, in any proceeding under this article,section. to the circuit court in the same manner and with like effect and upon like security as appeals appeal shall be taken within 10 days and the security approved by the court from which the appeal ise taken.

The appeal shall be taken within 10 days and the security approved by the court from which the appeal is taken.

E B.

In any unlawful detainer case filed under § 8.01-126, if a judge grants the plaintiff a judgment for possession of the premises, upon request of the plaintiff, the judge shall further order that thetBe writ of eviction issue immediately upon entry of judgment for possession.

In such case, the clerk shallshall7deliver deliver notice of intent to execute the writ, including the date and time of eviction, as provided in §§E8.01-470.erve 8.01-470.erve In no case, however, shall the sheriff evict the defendant from the dwelling unit prior to the Txpirationexpiration of the defendant's 10-day appeal period.

E When In accordance with the provisions of § 16.1-107, when the appeal is taken by the defendant, he shall be required to give security also for all rent which has accrued and may accrue upon the premises, thebut unlawfulfor usenot andmore occupationthan ofone theyear's premisesrent, forand aalso periodfor notall exceedingdamages threethat monthshave giveaccrued bond,or inmay anaccrue amountfrom andthe withunlawful sufficientuse suretyand approvedoccupation byof the judgepremises orfor bya hisperiod clerknot ifexceeding therethree ismonths one,give orbond, in an amount sufficient to satisfy the judgment of the court in which it was rendered, including an aUardaward of attorney fees, if any.

Trial by juByjury shall be had upon application of any party.

For purposes of this subsection, "indigent" means that the defendant has§has 16.1-107.been determined to be indigent pursuant to the guidelines set forth in § 19.2-159.

Requirements for appeal.uant to the guidelines set forth in § 19.2-159.16.1-107.

SRequirements A.for appeal.

NoA. appeal shall be allowed unless and until the party applying for the same or someone for him :

36No appeal shall be allowed unless and until the party applying for the same or someone for him shall give bond, in an amount and with sufficient surety approved by the judge or by his clerk if there 37 is one, or in an amount sufficient to satisfy the judgment of the court in which it was rendered.

Either 38from suchthe amountdate shallof includejudgment, except for an appeal from the awardjudgment of attorneya fees,general ifdistrict any.court on anays unlawful detainer pursuant to § 8.01-129.

SuchHowever, no appeal bond shall be postedrequired within T0 days 39 from the date of judgment,a exceptplaintiff forin an appeal from the judgment of a general district court oU an civil case where the defendant has not asserted a counterclaim, the Commonwealth or when an appeal is a proper to protect the estate of a decedent, an infant, a convict, or an insane person, or the interest of a county, city, town or transportation district created pursuant to the Transportation District AEtAct of 1964 (§ 33.2-1900 et seq.) of Title 33.2.

In a case where a defendant with indemnity coverage through a policy of liability insurance appeals, the bond required by this section shall not exceed the amount of theB.the judgment that is covered by a policy of indemnity coverage.

In all civil cases, except trespass, ejectment, unlawful detainer against a former owner based upon a foreclosure against that owner, or any action involving the recovering rents, no indigent person shallshalln be required to post an appeal bond.

In cases of unlawful detainer against a former owner based upon a foreclosure against that owner, a person who has been determined to be indigent pursuant to the guidelines set forth in § 19.2-159 shall post an appeal bond within 30 days from the date of juSgment.judgment.

In cases of unlawful detainer for a residential dwelling unit, notwithstanding the provis4onsprovisions of § 8.01-129, an appeal bond shall be posted by the defendant with payment into the general district court in the amount of outstanding rent, late charges, attorney fees, and any other charges or damages due, as contracted for in the rental agreement, and as amended on the unlawful detainer by the court.

If such amount is not so paid, any such appeal shall not be perfectedrequired asto apost matteran ofappeal law.bond.

NoUpon indigentperfection personof an appeal, the defendant shall bepay requiredthen rental amount as contracted for in the rental agreement to postthe anplaintiff appealon bond.or before the fifth day of each of 2 month.

UponIf perfectionany such rental payment is not so paid, upon written motion of anthe appeal,plaintiff with a copy of such written motion mailed by regular mail to the defendanttenant, shallthe payjudge of the rentalcircuit court shall, without hearing, enter judgment for the amount of outstanding rent, late charges, attorney fees, and any other charges or damages due as contractedof forthat date, subtracting any payments made by such tenant as reflected in the rentalcourt agreementaccounts toand on a written affidavit submitted by the plaintiffplaintiff, onplaintiff's managing agent, or beforeplaintiff's attorney with a copy of such affidavit mailed by regular mail to the fifthtenant, dayand an order of eachpossession month.without further hearings or proceedings in such court.

If any such rental payment is not so paid, upon written motion of the plaintiff with a copy of SB474S1 2 of 2 such written motion mailed by regular mail to the tenant, the judge of the circuit court shall, without hearing, enter judgment for the amount of outstanding rent, late charges, attorney fees, and any other charges or damages due as of that date, subtracting any payments made by such tenant as reflected in the court accounts and on a written affidavit submitted by the plaintiff, plaintiff's managing agent, or plaintiff's attorney with a copy of such affidavit mailed by regular mail to the tenant, and an order of possession without further hearings or proceedings in such court.