If the owner of lands subject to a proceeding filed pursuant to § 55-1419, or any person having right or claim to such land, files within the appropriate time his complaint for relief, he shall not have or continue any injunction against the proceedings at law on the ejectment, unless, within 30 days following a full and perfect answer filed by the plaintiff in ejectment, he brings into court, or deposits in a bank within the Commonwealth to the credit of the cause, such money as the plaintiff in ejectment, in his answers, swears to be due and in arrear, over and above all just allowances and also the costs taxed in the action, there to remain until the hearing of the cause, or to be paid out to the plaintiff on good security, subject to the order of the court. If the complaint is filed within the appropriate time, and after execution executed, the plaintiff shall be accountable for no more than he, really and bona fide, without fraud, deceit, or willful neglect, makes of the premises from the time of his entering into the actual possession of the premises, and if it is less than the rent payable, then the possession shall not be restored until the plaintiff is paid the balance of the rent for the time he so held the lands.
Code 1919, § 5533; Code 1950, § 55-242; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 14 - Nonresidential Tenancies
§ 55.1-1400. Applicability; right to terminate tenant
§ 55.1-1402. Apportionment on purchase of part of land by holder of rent
§ 55.1-1403. Perfection of lien or interest in leases, rents, and profits
§ 55.1-1405. Transfer of deposits upon purchase
§ 55.1-1406. Grantees and assignees have same rights against lessees as lessors
§ 55.1-1407. Lessees have same rights against grantees as against lessors
§ 55.1-1408. What powers to pass to grantee or devisee; when attornment unnecessary
§ 55.1-1409. When attornment void
§ 55.1-1412. Security systems for nonresidential rental property
§ 55.1-1414. Abandonment of nonresidential rental property
§ 55.1-1415. Failure to pay certain rents after five days' notice forfeits right of possession
§ 55.1-1417. Who may recover rent or possession
§ 55.1-1418. Remedy when rent is to be paid in other thing than money
§ 55.1-1419. Proceedings to establish right of reentry; judgment
§ 55.1-1420. When defendant barred of relief
§ 55.1-1421. How trustee or mortgagee relieved from the forfeiture
§ 55.1-1422. How owner relieved in court
§ 55.1-1423. How judgment of forfeiture prevented
§ 55.1-1424. When action for reentry brought
§ 55.1-1425. Written act of reentry to be returned and recorded and certificate of reentry published
§ 55.1-1427. How person entitled to lands may be restored to his possession
§ 55.1-1428. Limitation of action against person in possession by reentry