Most of a tenant couple’s debt to their former landlord, based on unpaid rent and the poor conditions in which they left the rental, was dischargeable. The court held a small percentage to be non-dischargeable based on evidence that, in ...

Tagged with: Bankruptcy Judge Paul M. Black Landlord/Tenant U.S. District Court - Western District

Most of a tenant couple’s debt to their former landlord, based on unpaid rent and the poor conditions in which they left the rental, was dischargeable. The court held a small percentage to be non-dischargeable based on evidence that, in ...

Tagged with: Judge Paul M. Black Landlord/Tenant U.S. Bankruptcy Court

After a landlord obtained a default judgment against a commercial tenant for unpaid rent, the circuit court erred in finding that the guarantor waived any objection to the validity of the default judgment by entering a general appearance during post-judgment ...

Tagged with: Civil Procedure Justice D. Arthur Kelsey Landlord/Tenant Supreme Court of Virginia

Tenants alleging black mold in their walls and mushrooms growing in their carpet weren’t confined to the rights in Code § 8.01-226.12 Background Tenants sued their landlord and a real estate management company, alleging that the apartment they rented exposed them ...

Tagged with: Justice Stephen R. McCullough Landlord/Tenant Personal Injury Supreme Court of Virginia Tort

A long-term commercial lease with neither a common-law seal nor statutory seal substitutes was effectively month-to-month after a five-year term, and the trial court erred in focusing on “substance not form” to enforce the 15-year term. Background In 2000, a ...

Tagged with: Business Law Contract Justice D. Arthur Kelsey Landlord/Tenant Supreme Court of Virginia

Tenants alleging black mold in their walls and mushrooms growing in their carpet weren’t confined to the rights in Code § 8.01-226.12 Background Tenants sued their landlord and a real estate management company, alleging that the apartment they rented exposed them ...

Tagged with: Justice Stephen R. McCullough Landlord/Tenant Negligence Personal Injury Supreme Court of Virginia Tort

Notwithstanding a “Final Order” denying nonsuit and ordering removal of the case from the court’s docket, a defendant failed to provide hearing transcripts or any other basis to conclude that the circuit court previously made a final ruling on the ...

Tagged with: Civil Procedure Landlord/Tenant Per Curiam Opinion Supreme Court of Virginia

The circuit court, on appeal from a GDC case, lacked jurisdiction on plaintiff’s appeal to also consider the defendant’s counterclaim, let alone award damages, when the plaintiff was the only party that noticed its appeal. Background This case began in ...

Tagged with: Civil Procedure Contract Justice D. Arthur Kelsey Landlord/Tenant Supreme Court of Virginia

Rejecting the touchstone Vienna Metro attorney fee matrix widely used in Northern Virginia fee-shifting cases, U.S. District Judge T.S. Ellis III cut a fee request by one third for what he described as a “straightforward lease dispute.” The decision came ...

Tagged with: Attorneys Fees Federal Courts Judge T.S. Ellis III Landlord/Tenant

A state law governing landlord-tenant relations blocked enforcement of a nursing home arbitration clause under a judge’s ruling in a Richmond wrongful death case. That ruling by Richmond Circuit Judge Margaret P. Spencer will stand for the time being, now ...

Tagged with: Elder Law Judge Margaret P. Spencer Landlord/Tenant Richmond Circuit Court