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In the case Imperial Colliery Co. v. Fout, [8] the West Virginia Supreme Court reaffirmed that retaliatory eviction was a valid defense against eviction, but added the condition that the retaliation must be against a tenant's exercise of a right incidental to their tenancy. Therefore, a defense of retaliatory eviction did not exist for a tenant ...
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Thus, it is illegal for a landlord to evict a tenant based on any of these characteristics. Additionally, landlords cannot evict tenants who have filed a fair housing complaint or discrimination lawsuit against them. [2] Tenants also have the right to report housing code violations without the risk of retaliatory evictions.
The companies admitted they do not complete background checks on residents, but did so for the complainant after the June 13 complaint was filed. New Hampshire courts found the eviction to be in ...
Virginia civil procedure is the body of law that sets out the rules and standards that Virginia courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). Professor W. Hamilton Bryson is the preeminent master and legal scholar on Virginia Civil Procedure.
Rhode Island tenants facing intimidation from their landlord have won an initial victory in their court battle against him. Renters living Pawtucket and West Warwick properties owned by Elmwood ...
The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts have authority to try cases with an amount in controversy of more than $4,500 and have exclusive original jurisdiction over claims for ...
In United States landlord-tenant law, Edwards v. Habib, 397 F.2d 687 (D.C. Cir. 1968), [1] was a case decided by the D.C. Circuit that includes the first recognition of retaliatory eviction as a defense to eviction.
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