Articles Posted in Landlord - Tenant

by
Rosa Steward leased a home from Holland Family Properties. Rosa's son Dontral suffered lead poisoning as a result of his exposure to high levels of lead paint, which caused severe physical and mental impairments. Dontral, through his mother (Steward), filed a complaint against Holland and Jean Cross, the owner of property Dontral often visited. Both properties contained lead-based paint. Steward claimed that Defendants were liable for his injuries based on theories of negligence per se and common law negligence. The circuit court dismissed both counts on demurrer. At issue on appeal was whether Defendants, landlords subject to the Virginia Residential Landlord and Tenant Act (VRLTA), had a duty in tort to the tenants of leased properties to comply with building and housing codes concerning public health and safety. The Supreme Court affirmed, holding that a tort duty was not imposed on these landlords by the common law, the leases executed in this case, or the VRLTA. View "Steward v. Holland Family Props., LLC" on Justia Law

by
Plaintiff in this case was a Section Eight tenant in a property owned by Defendants. For reasons beyond her control, Plaintiff prematurely terminated her lease. Defendants retained Plaintiff's security deposit, and Plaintiff filed a warrant in debt seeking the return of her security deposit. The district court ruled in favor of Defendant. The circuit court affirmed. Plaintiff appealed, arguing that the trial court erred in ruling that her security deposit could be retained by Defendants to satisfy the alleged rent obligation of the housing authority. The Supreme Court affirmed, holding that because Plaintiff failed to preserve this argument for appeal, the argument was waived. View "Brandon v. Cox" on Justia Law

by
Summit Group Properties, LLC (Summit) sued Orthopedic & Sports Physical Therapy Associates (OSPTA) and its partners for breach of lease and damages. OSPTA filed a counterclaim in which it alleged fraud in the inducement and damages. The jury returned a verdict in favor of Summit against OSPTA in the amount of $187,000. The jury found for Summit on OSPTA's counterclaim. OSPTA appealed, arguing that the trial court erred in granting a jury instruction offered by Summit because it misstated the law by instructing the jury that a limited liability company could not be liable for any fraudulent activity unless the fraud was approved by the members of the LLC. The Supreme Court agreed with OSPTA that the instruction was misleading because it was not a complete statement of the law and held that the trial court erred in giving the instruction. Remanded. View "Orthopedic & Sports Physical Therapy Assocs. v. Summit Group Props., LLC" on Justia Law