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In landlord–tenant law, a notice to cure or quit is issued by a landlord when a tenant performs actions in violation of a lease.The notice gives a tenant the option of either fixing the offending problem or vacating the rental property.
Among these measures are a halt to most evictions on the federal and state level. Unfortunately, eviction isn’t an uncommon occurrence, but fortunately there may be ways to fix the situation.
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 ...
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant's claims are "counterclaims."
Constructive eviction is a circumstance where a tenant's use of the property is so significantly impeded by actions under the landlord's authority that the tenant has no alternative but to vacate the premises. [1] The doctrine applies when a landlord of real property has acted in a way that renders the property uninhabitable. Constructive ...
Eviction rates are also linked to the racial concentration of neighborhoods. The RVA Eviction Lab, in Richmond, Virginia, estimates that as the proportion of a neighborhood's black population increases by 10%, eviction rates would increase by 1.2%. [63] Hispanic renters also face higher filing and eviction rates than their white counterparts.
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
As in federal court, the plaintiff may seek a waiver of service by mailing the defendant two copies a request to waive service of process along with a form provided by the court, and a prepaid envelope for return delivery. A Virginia defendant may return the waiver within 30 days, and will then be given 60 days from the date that the request ...
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