Hannan v. Dusch, 154 Va. 356 (1930) p459.

landlord/tenant law: delivery of possession

D had leased some property to P, but when the lease was due to begin the property was still occupied by a former tenant. P alleges D refused to put the plaintiff in possession or to keep the property open for him at the time the lease was due to begin.

D demurred to the declaration on several grounds, one of which was "that under the lease there was no duty upon the defendant to see that the premises were open for entry by said plaintiff.

Is a landowner required by law to oust trespassers and wrongdoers so as to have the property open for entry by the tenant at the beginning of the term?

The remedy of a new tenant is against the former tenant and not the landlord.

Under the American rule, the landlord is not required to make sure the premises are vacant.

The statute is clear. Must follow it.