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Tag Archives: Landlord/Tenant

Tort/Negligence – Fiduciary Duty — Fraud – Economic Loss Rule — Real Property – Landlord/Tenant – Commercial Lease – Corporate – Medical Office Development (access required)

Blue Ridge Pediatric & Adolescent Medicine, Inc. v. First Colony Healthcare, LLC When the plaintiff-doctors were looking for new office space, the defendant-developer allegedly assured them that the parties had a relationship of trust and confidence and that the developer had the doctors’ best interests at heart. This was not sufficient to create a fiduciary relationship between the parties.

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Landlord/Tenant – Implied Warranty of Habitability – Mold – Opportunity to Remediate (access required)

McCall v. Norman The defendant-tenants made several oral complaints about mold to the plaintiff-landlords in July 2008; the landlords did not respond until the tenants made a written complaint in August 2008. The landlords inspected the rental home and claimed to see no evidence of mold. Although the tenants started sleeping elsewhere, they did not completely vacate the home until October. Contrary to the landlords’ argument, they had a reasonable opportunity to remediate the mold infestation.

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