This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Landlord Eviction. For more information on evictions see the pages on Wikipedia.
See Va. Code § 8.01-41 dealing with wrongful distraint and attachment.
See Va. Code § 8.01-128 for wrongful eviction.
1999 North Ridge Apartments v. Ruffin, 257 Va. 481, 514 S.E.2d 759.
In this unlawful detainer action, tenant defended on grounds that she had been constructively evicted. To constitute constructive eviction, there must be intentional conduct by lessor that permanently deprives lessee of beneficial enjoyment of premises and lessee must completely abandon premises within reasonable time after lessor’s conduct. Tenant in this case alleged breach of common-law duty to protect her from criminal activity of third parties. Because there was no duty on part of landlord in this case to control third party’s criminal conduct, failure of landlord to protect tenant from such conduct cannot be intentional act of omission. Other complaints made by tenant were properly addressed by landlord. As such, there is no constructive eviction.
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