Cal. Civ. Code § 55.1-1242
Rent escrow required for continuance of tenant's case.
Operative Text
A. Where a landlord has filed an unlawful detainer action seeking possession of the premises as provided by this chapter and the tenant seeks to obtain a continuance of the action or to set it for a contested trial, the court shall, upon request of the landlord, order the tenant to pay an amount equal to the rent that is due as of the initial court date into the court escrow account prior to granting the tenant's request for a delayed court date. However, if the tenant asserts a good faith defense, and the court so finds, the court shall not require the rent to be escrowed. If the landlord requests a continuance or to set the case for a contested trial, the court shall not require the rent to be escrowed. B. If the court finds that the tenant has not asserted a good faith defense, the tenant shall be required to pay an amount determined by the court to be proper into the court escrow account in order for the case to be continued or set for contested trial. The court may grant the tenant a continuance of no more than one week to make full payment of the court-ordered amount into the court escrow account. If the tenant fails to pay the entire amount ordered, the court shall, upon request of the landlord, enter judgment for the landlord and enter an order of possession of the premises. C. The court shall further order that should the tenant fail to pay future rents due under the rental agreement into the court escrow account, the court shall, upon the request of the landlord, enter judgment for the landlord and enter an order of possession of the premises. D. Upon motion of the landlord, the court may disburse the moneys held in the court escrow account to the landlord for payment of his mortgage or other expenses relating to the dwelling unit. E. Except as provided in subsection D, no rent required to be escrowed under this section shall be disbursed within 10 days of the date of the judgment unless otherwise agreed to by the parties. If an appeal is taken by the plaintiff, the rent held in escrow shall be transmitted to the clerk of the circuit court to be held in such court escrow account pending the outcome of the appeal.
Virginia Code § 55.1-1242 establishes a rent escrow requirement in unlawful detainer (eviction) proceedings. When a tenant seeks to delay or contest an eviction case, the court may require the tenant to deposit overdue rent into a court escrow account before granting that delay — unless the court finds the tenant has raised a good faith defense. If the tenant fails to keep up with future rent payments into escrow or cannot pay the ordered amount, the court may enter a judgment and possession order in the landlord's favor upon the landlord's request.
Plain English — not legal advice.
Under Va. Code § 55.1-1242, landlords who have filed an unlawful detainer action can request that the court order the tenant to deposit past-due rent into a court escrow account before any continuance or contested trial date is granted. Compliant operators typically make this request on the record at the initial court date and monitor whether the tenant continues depositing future rent as it comes due. Landlords may also file a motion to have escrowed funds disbursed to cover mortgage payments or other dwelling-unit expenses while the case is pending.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 55.1-1242 gives tenants a meaningful procedural protection: if a tenant can demonstrate a good faith defense to the eviction, the court is not required to order rent into escrow as a condition of getting a continuance or contested trial date. Tenants who believe they have a legitimate defense — such as habitability issues or improper notice — generally present that defense clearly at the initial court date so the court can make a finding. Tenant-rights organizations and legal aid offices can help tenants understand what may qualify as a good faith defense under this provision and what options exist if an escrow order is entered.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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