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Tag Archives: Landlord/Tenant

Lease Not Terminated When Eviction Action Stopped (access required)

A commercial lease was not terminated when the landlord suspended its 2009 action for possession of space leased and assigned by a tenant, but in any event, the tenant owed rent for the four-month period following the assignee’s post-default eviction ...

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No Summary Judgment on Eviction Notice (access required)

In this unlawful detainer action by Richmond Redevelopment Housing Authority, the Richmond Circuit Court denies summary judgment to the tenant who argues the notice of eviction for criminal or drug-related activity was deficient. The court took the matter under advisement ...

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Restaurant Lease Guarantor Hangs on to His Win (access required)

A landlord can’t overturn a jury verdict for a guarantor of a restaurant lease with a claim of “jury nullification”; a Fairfax Circuit Court says the guarantor’s testimony that he received a verbal assurance that his guaranty was released when ...

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Apartment Mold Claim Advances on Building Code Theory (access required)

A Richmond U.S. District Court says a couple who alleges damage from mold infestation can sue their landlord for negligence per se, on a theory the landlord violated Virginia’s Uniform Statewide Building Code. Shortly after Raymond and Shawnda Sanders moved ...

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Jury trial waiver forfeited in scheduling order (access required)

Lawyers disillusioned with mandatory arbitration are writing jury waiver clauses into their commercial contracts. But the lawyer must be careful not to waive the client’s contractual right to a bench trial when the lawyer goes to court for a routine ...

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Apartment mold claim advances on Building Code theory

A Richmond federal judge says a couple who alleges damage from mold infestation can sue their landlord for negligence per se, on a theory the landlord violated Virginia’s Uniform Statewide Building Code. The Supreme Court of Virginia has not addressed ...

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Writs granted on arbitration, slayer statute and workers’ comp issues (access required)

The case of a Norfolk judge who refused to enforce an arbitration clause in a nursing home contract is among the more interesting of the first flush of petitions for appeal granted by the Supreme Court of Virginia after its ...

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