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Hannan v. Dusch: Difference between revisions
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(Created page with "{{Infobox Case Brief |court=Virginia Supreme Court |citation=153 S.E. 824 |date=1930 |subject=Property |facts=* The '''Plaintiff''', Mr. Hannan, entered into a lease agreement with the '''Defendant''', Mr. Dusch, for a term of '''15 years'''. * When Mr. Hannan attempted to take possession of the property, he discovered that there were still '''tenants occupying the premises'''. * Despite this, Mr. Dusch '''refused to evict the former tenants''' and argued that it was M...") |
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Revision as of 17:57, March 8, 2024
| Hannan v. Dusch | |
| Court | Virginia Supreme Court |
|---|---|
| Citation | 153 S.E. 824 |
| Date decided | 1930 |
Facts
- The Plaintiff, Mr. Hannan, entered into a lease agreement with the Defendant, Mr. Dusch, for a term of 15 years.
- When Mr. Hannan attempted to take possession of the property, he discovered that there were still tenants occupying the premises.
- Despite this, Mr. Dusch refused to evict the former tenants and argued that it was Mr. Hannan’s responsibility to ensure that the property was available for possession.
Issues
- The central question was whether a landlord, in the absence of an express covenant, is legally obligated to deliver possession of the property to the lessee.
Holding
- The court affirmed the lower court’s decision in favor of Mr. Dusch.
- Under the American rule, absent an explicit covenant, the lessor has no duty to deliver possession of the property.
- While there may be an ethical duty for the lessor to oust old tenants, the statutory remedy for eviction rested on the lessee.
