Thompson v. Springer Manor Apartments

By Judge Melvin R. Hughes, Jr.

The question in this personal injury case raised by defendant’s demurrer is whether a private right of action is assertable under the Virginia Residential Landlord Tenant Act (The Act). Va. Code § 55-248.2 et seq. The question goes to the viability of Count III of plaintiffs three count Motion for Judgment in a suit by a tenant against her landlord.

The Act sets up certain duties and obligations between landlord and tenant respecting residential leases provided no examptions apply. See § 55-248.5.

The Act carries provision, § 55-248.40, which plaintiff relies on as…