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WOHLFORD v. QUESENBERRY

Record No. 990320.

523 S.E.2d 821 (2000)

259 Va. 259

Linda H. WOHLFORD v. Gladys A. QUESENBERRY.

Supreme Court of Virginia.

January 14, 2000.

Attorney(s) appearing for the Case

David D. Beidler (Henry L. Woodward; Legal Aid Society of Roanoke Valley, on briefs), Roanoke, for appellant.

Victor V. Ludwig (Victor M. Santos; Nelson, McPherson, Summers & Santos), Staunton, on brief for appellee.

PRESENT: CARRICO, C.J., COMPTON, LACY, KEENAN, KOONTZ, and KINSER, JJ., and WHITING, Senior Justice.

WHITING, Senior Justice.

We are required to determine whether the Uniform Statewide Building Code (the BOCA Code) has modified the common law rule that a tenant who has exclusive possession and control of a premises, absent an agreement to the contrary, is responsible for its maintenance and repair. Since the court sustained a demurrer to a tenant's counterclaim asserting that the common law rule was so modified, we state the facts as alleged in the counterclaim....

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