Johannes Tenbraak v. Waffle Shops, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the lease at issue in tenBraak contained a re-entry provision that modified the common law rules regarding re-entry
• “As a general rule, an “abandonment” of a lease occurs when the lessee leaves the premises vacant with the avowed intention not to pay rent”
• “Virginia’s statutory re-entry provisions (Va. Code §§ 55-224, -225) have no application when the parties provide by contract for re-entry upon default in the payment of rent.”
• “[W]e note that Virginia does follow the majority rule recognizing that contracts for installment payments are divisible, thereby permitting separate actions to be maintained to recover installment payments as they fall due.”
• “[W]hen a tenant abandons leased property during the term, the Supreme Court of Appeals of Virginia has held that the landlord is permitted, at his option, either (1) to refuse to accept the tenant’s surrender, do nothing and sue for accrued rents, or (2

Source: CourtListener parenthetical corpus (CC0).