Brief Fact Summary. Lessee brought suit to recover damages from lessor. After signing a lease, the lessee discovered former tenants, which the lessor refused to evict, occupied the property.
Synopsis of Rule of Law. Under the American rule, the lessee has a right to possession, but absent an explicit covenant, the lessor has no duty to deliver possession.
Issue. Whether a landlord, without any express covenant to deliver possession of the property is required by law to deliver possession of the property.
Held. Affirmed, the landlord has no duty to deliver possession of the property unless both parties specifically covenanted for it.
Virginia abides by the American rule, which recognizes the lessee’s right to possession, but imposes no duty on the lessor to deliver possession. The lessee may covenant to require the landlord to deliver possession.
There may be an ethical duty in good conscience upon the lessor to oust the old tenants, but the duty to oust the old tenants by statutory remedy rested on lessee.
The law helps those who help themselves, generally aids the vigilant, but rarely the sleeping, and never the acquiescent.View Full Point of Law