Virginia 2023 Regular Session Status: Enacted

HB 1836 — Writs of eviction; returns to issuing clerk.

Last action — Acts of Assembly Chapter text (CHAP0442)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 23, 2023.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 38% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Failed a recorded vote

    Failed 7 recorded votes so far — a real headwind.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

29 added · 29 removed

Plain-language change summary

The recent amendments to Bill HB 1836 clarify the procedures for issuing eviction writs in Virginia. Specifically, they set a clear timeframe for issuing these writs within 180 days after a judgment for possession, with a requirement that the writs be returned within 30 days. Additionally, if a landlord and tenant form a new rental agreement after judgment, no eviction writ can be issued. These changes are significant as they provide more structure and protection for tenants, helping to prevent eviction processes from dragging on unnecessarily.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 8.01-471 of the Code of Virginia, relating to writs of eviction;
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 442 An Act to amend and reenact § 8.01-471 of the Code of Virginia, relating to writs of eviction;
returns to issuing clerk.
returns to issuing clerk;
R [H 1836] O Approved L L Be it enacted by the General Assembly of Virginia:
report.
[H 1836] Approved March 23, 2023 Be it enacted by the General Assembly of Virginia:
E returnable.71.
§ 8.01-471.
when D Writs of eviction, in case of unlawful entry and detainer, shall be issued within 180 days from the date of judgment for possession and shall be made returnable within 30 days from the date of issuing the writ, and any executed writ shall be returned to the issuing clerk by the sheriff executing such writ.
when returnable.
Notwithstanding any other provision of law, a writ of eviction not executed within 30 days from the order of possession, and no further action shall be taken by the clerk.
Writs of eviction, in case of unlawful entry and detainer, shall be issued within 180 days from the date of judgment for possession and shall be made returnable within 30 days from the date of issuing the writ, and any executed writ shall be returned to the issuing clerk by the sheriff executing such writ.
No writ shall issue, however, in cases under the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.) if, followinH the entry of judgment for possession, the landlord has entered into a new written rental agreement with the tenant, as described in § 55.1-1250.
date of issuance shall be vacated as a matter of law without further order of the court that entered the order of possession, and no further action shall be taken by the clerk.
A writ of eviction may be requested by the plaintiff or th3 plaintiff's attorney or agent.
No writ shall issue, however, in cases under the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.) if, following the entry of judgment for possession, the landlord has entered into a new written rental agreement with the tenant, as described in § 55.1-1250.
E Chairmen of the Senate Committee on the Judiciary, the Senate Committee on General Laws and to Rhe Technology, the House Committee for Courts of Justice, the House Committee on General Laws, and the Virginia Housing Commission on the number of executed writs returned pursuant to the requirements of § 8.01-471 of the Code of Virginia, as amended by this act.
A writ of eviction may be requested by the plaintiff or the plaintiff's attorney or agent.
The first report shall be made by September 1, 2024, and shall include writs executed between July 1, 2023, and June 3.
2.
That the Office of the Executive Secretary of the Supreme Court of Virginia shall report to the Chairmen of the Senate Committee on the Judiciary, the Senate Committee on General Laws and Technology, the House Committee for Courts of Justice, the House Committee on General Laws, and the Virginia Housing Commission on the number of executed writs returned pursuant to the requirements of § 8.01-471 of the Code of Virginia, as amended by this act.
The first report shall be made by September 1, 2024, and shall include writs executed between July 1, 2023, and June 30, 2024.
Subsequent reports shall be made annually thereafter.
3.
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Action History

  1. Acts of Assembly Chapter text (CHAP0442)

  2. Approved by Governor-Chapter 442 (effective 7/1/23)

  3. Governor's Action Deadline 11:59 p.m., March 27, 2023

  4. Enrolled Bill communicated to Governor on March 2, 2023

  5. Signed by President

  6. Signed by Speaker

  7. Bill text as passed House and Senate (HB1836ER)

  8. Enrolled

  9. VOTE: Adoption (67-Y 31-N)

  10. Senate amendments agreed to by House (67-Y 31-N)

  11. Passed Senate with amendments (40-Y 0-N)

  12. Engrossed by Senate as amended

  13. Committee amendments agreed to

  14. Reading of amendments waived

  15. Read third time

  16. Constitutional reading dispensed (39-Y 0-N)

  17. Reported from Judiciary with amendments (15-Y 0-N)

  18. Referred to Committee on the Judiciary

  19. Constitutional reading dispensed

  20. VOTE: Passage (80-Y 18-N)

  21. Read third time and passed House (80-Y 18-N)

  22. Read second time and engrossed

  23. Read first time

  24. Reported from Courts of Justice (13-Y 7-N)

  25. Subcommittee recommends reporting (5-Y 3-N)

  26. Assigned Courts sub: Subcommittee #2

  27. Referred to Committee for Courts of Justice

  28. Prefiled and ordered printed; offered 01/11/23 23104063D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety housing
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Frequently asked questions

Who sponsors HB 1836?
HB 1836 is sponsored by Jenkins, Clinton L..
What is the current status of HB 1836?
This bill has been enacted into law. Introduced January 10, 2023. Enacted.
Where can I track HB 1836?
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