Tort Law

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 Promises to Repair.  For more information about landlords see the pages on Wikipedia.

Landlord Promises To Repair-Cases

2010—Sales v. Kecoughtan Hous. Co., 279 Va. 475, 690 S.E.2d 91.
Tenant filed suit against apartment owner and management company for personal injury and property damage resulting from mold in the apartment. Plaintiff complained about the presence of mold. Defendants represented that the mold had been remedied. The mold in fact began growing again causing personal injury and property damage to the plaintiff. Plaintiff properly set forth claims of negligent repair and fraud. Trial court improperly granted demurrer to the amended complaint and dismissed the complaint with prejudice. That was error.

1992 Holland v. Shively,243 Va. 308, 415 S.E.2d 222.
Landlord promises to repair.Where landlord enters leased premises to repair, he must use reasonable care in making repair. For tenant to recover, he must show repair made in negligent fashion. Landlord in this case removed rotten boards in steps. Plaintiff thereafter was injured when cinder block that was component of step rolled over. Jury question of whether landlord negligent in merely removing rotten board and not otherwise correcting defects in steps.

1967 Payton v. Rowland, 208 Va. 24, 155 S.E.2d 36.
Landlord cannot be liable in tort for injuries to tenant that result from breach of agreement to repair.

1962 Oden v. South Norfolk Redev. & Hous. Auth., 203 Va. 638, 125 S.E.2d 843.
Where landlord enters to repair leased premises, he must use reasonable care. Defendant’s repairs in this case were ineffective, but no presumption of negligence arises from ineffective repairs.

1949 Luedtke v. Phillips, 190 Va. 207, 56 S.E.2d 80.
Failure of landlord to keep his promise to repair property in possession and control of tenant, does not impose upon him any liability in tort. If he undertakes repairs, he must exercise reasonable care.

1946 Caudill v. Gibson Fuel Co., 185 Va. 233, 38 S.E.2d 465.
Agreement of landlord to repair does not affect general rule that where tenant takes exclusive possession, then he takes premises as is.