Cherry v. Lawson Realty Corp.Annotate this Case
The General Assembly did not intent to abrogate existing common law causes of action when it enacted Va. Code 8.01-226.12, which sets forth some obligations and immunities for landlords and managing agents when visible mold occurs.
Tenants filed a multi-count complaint alleging that one of the tenants suffered damages after being exposed to mold in their apartment. The trial court dismissed two counts of the complaint that were based on the common law, concluding that the General Assembly intended to abrogate the application of all common law claims for personal injury involving landlord/tenant relationships. The Supreme Court reversed, holding that section 8.01-226.12 does not implicitly repeal or modify any common law causes of action that are beyond the plain language of the statute.