Hubbard v. Henrico Ltd. Partnership

In this appeal, we decide whether a tenant in an unlawful detainer action who pays the overdue rent and related charges before the first court return date automatically invokes the rights afforded by Code § 55-243 to retain possession of the leased premises.

Brenda Hubbard leased an apartment from Henrico Limited Partnership t/a Henrico Arms Apartments (Henrico Arms) under the terms of a written lease that required her to make monthly rent payments to Henrico Arms. In February, April, and June 1996, Hubbard failed to make the required rent payments. On each of these occasions, Henrico Arms…