Legal Opinion

Keller v. Gay

Fairfax County Circuit Court

Decided March 29, 1989No. Case No. (Law) 88352Published

1Opinion of the Court

By JUDGE THOMAS J. MIDDLETON

Section 8.01-127 entitled "Removal of Action," provides that in cases removed to Circuit Court which involve unlawful detainer, removal is conditioned upon the tenant giving security for all rent which has accrued and may accrue upon the premises, but not for more than one year’s rent. It is clear that $5,000.00 does not satisfy the above requirement of "all rent which has accrued and may accrue," especially where the monthly rent is approximately $1,000.00 per month, and this case will not come to trial until fourteen months after the damages began to accrue.

Althou…

2Cases cited2 opinions

  1. Burks v. Three Hills Corp.Supreme Court of Virginia · 1973
  2. Jenkins v. BertramSupreme Court of Virginia · 1934

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