Role–Play Exercise 19.2 The
Eviction
Christie McDuffy
Liberty University
GOVT 408: Negotiation
Professor Boatwright
October 10, 2025
Table of Contents
Case Summary .................................................. 2
Virginia Caselaw .............................................. 3
Information Obtained During Counseling ......................... 4
Legal Information .............................................. 5
Nonlegal Information ........................................... 6
Additional Facts ............................................... 7
Dispute Resolution Process ..................................... 8
Biblical Application ........................................... 9
Appendices ..................................................... 10
Index .......................................................... 11
Role–Play Exercise 19.2 The Eviction
Christie McDuffy
Liberty University
GOVT 408: Negotiation
Professor Boatwright
October 10, 2025
Case Summary
Damian Fox owns a 12-unit lodging house and, in March, rented a furnished room to Dorothy
Williams and Terry Gibson every week, using a document titled "Apartment Sharing and Room
Rental Lease Agreement". That same agreement referred to Fox as the "landlord" and Williams
and Gibson as the "tenants". The room that was rented to Williams and Gibson had no
bathroom or kitchen facilities; however, Williams and Gibson shared a common bathroom and a
kitchen area with other tenants of the house. Fox expressed his true desire to rent the rooms to
tenants who planned on staying for a longer period of time, even though the rental agreement
was for every week. Fox obtained a Certificate of Occupancy that was issued by the City
Department of Buildings. The Certificate of Occupancy approved Fox’s property to be used as a
lodging house. Fox, as the landlord, maintained the cleanliness of the common areas, but the
tenants, Williams and Gibson, were responsible for cleaning their own rooms and laundering
their own linens. The weekly rent also covered the heat, electricity, cable TV, and local phone
service. In December, Williams and Gibson fell behind on rent in response to Fox, as the
landlord obtained a writ of possession through a forcible entry and detainer procedure.
However, before the writ was executed, the landlord Fox and the tenants Williams and Gibson
made a new agreement. The agreement allowed Williams and Gibson to stay in the room if they
continued paying weekly rent, along with additional payments for their back rent. Despite
making some payments by September, Gibson and Williams continued to fall behind on their
rent. As a result, Fox tried to execute the writ of possession he had previously obtained.
However, the district court issued an injunction that stopped him from doing so. Since rent was
accepted after the initial writ of possession was issued, a new tenancy was established, which
required you to get a new writ. Despite knowing this, Fox padlocked the door to the room that
Gibson and Williams were renting without giving them any prior notice. This action prevented
them from accessing their personal belongings, including things like identification, valuables,
and necessary medications, such as Gibson's epilepsy medication. Consequently, Gibson had to
visit the emergency room twice the following week due to not being able to access the
medication. Williams and Gibson are seeking injunctive relief and damages for illegal eviction
and emotional distress. Their claim hinges on the discovery that landlord Fox's property might
not be legally classified as a lodging house, which could invalidate the eviction actions. Fox, in
turn, is demanding $300 for back rent. The tenants' specific damages claims are for intentional
emotional distress: $1,000 for Williams and $5,000 for Gibson.
Virginia caselaw
Virginia state law governs the process of evicting tenants. According to Va. Code Ann. § 8.01-
470, Writs on judgments for specific property. If a landlord obtains a court-ordered writ of
eviction, the tenant must be given at least 72 hours' advance notice before the eviction can be
carried out. The written notice must specify the time and date of the eviction, and it must be
delivered in person or by posting it on the property's main entrance. Landlords cannot legally
evict a tenant without giving them official notice first. Since Mr. Fox did not give Williams and
Gibson proper notice, his actions were illegal. According to Virginia law, the tenants still have
the right to get into their room and get their belongings back.
Information Obtained During Counseling Legal and Nonlegal
During a legal counseling session, an attorney interviews the client to determine their goals,
needs, and interests for the case. Based on this discussion, the attorney evaluates the case and
informs the client of its potential strengths and weaknesses, as outlined in Martin A. Frey,
Alternative Methods of Dispute Resolution § 19 (2003). During their consultation, clients
informed their attorney of the damage they suffered from an unlawful eviction. The information
provided enabled the legal team to conduct further research, evaluate the case's merits, and
identify potential weaknesses. This investigation raised new questions, specifically regarding the
property's classification as a "Lodging House." While Mr. Fox was issued a Certificate of
Occupancy for this designation, further investigation is needed to confirm its legal validity, as
defined by Hailu v. Simonds, 784 A.2d 155 (Me. 2001).
Before the counseling session, Fox needs to collect important information. He must find the
lease agreement, the building's Certificate of Occupancy, all records of rent payments, and the
details of the back rent owed by Williams and Gibson. He should also look up the state's law on
forcible entry and detainer.
Legal Information
The first piece of legal information Fox needs is the Apartment Sharing and Room Rental Lease
Agreement. This document outlines the specific stipulations regarding the room, utilities,
amenities, and the obligations of each party will be the deciding factor in establishing the type
of tenancy. The second is the state's Forcible Entry and Detainer law. The Forcible Entry and
Detainer statute provides the legal framework for the eviction process, including the specific
rights and obligations of the landlord. This law governs the process of unlawful detainers,
outlining a landlord's rights and legal duties when seeking to reclaim a property. Fox should also
obtain the Certificate of Occupancy, which confirms the property's legal status as a lodging
house and outlines its compliance requirements. The Certificate of Occupancy legally certifies
the property for use as a lodging house, establishing the standards it must meet. Fox should
research city regulations for lodging houses, focusing on requirements for sanitation and
kitchen facilities.
Nonlegal Information
Fox should present his attorney with information, like a full understanding of the new payment
arrangement with Williams and Gibson. This includes confirmation of the total back rent
outstanding and the agreed-upon payment timeline.
A current payment ledger should be produced detailing all recent payments from Williams and
Gibson and reflecting the remaining back rent. A Condition Report,
which is an assessment of the physical condition of both the tenants' room and the shared
spaces is necessary, particularly to address any potential maintenance or cleanliness disputes.
He should also discuss common area functionality, and that is, the operational reliability of
shared amenities, specifically the toaster oven and coffee machine, must be confirmed. Fox
should also discuss the tenant relationship by having historical information on Williams and
Gibson, including the circumstances that led to the rent arrears, to provide context for the
upcoming counseling session.
Additional Facts
Some additional facts that must be obtained from the client during the counseling session
include identifying potential witnesses, such as other tenants, who can provide information
about the living conditions and common areas. They should also document all pertinent tenant
documents, including copies of leases, payment receipts, and written communications. Another
great thing to do would be to inquire if tenants, current or former, have any photos or videos
that show the state of the property.
Dispute Resolution Process
Once the attorney has met with the client, they will discuss options for resolving the issue,
which can include negotiation, mediation, arbitration, or going to court. The initial approach is
usually negotiation, where the attorney contacts the landlord to try and find a solution. If the
landlord isn't open to negotiating, the problem can't be solved this way. The next step is to
explore mediation. If both sides agree to mediate, a mediator is chosen. If the landlord refuses
mediation, the attorney will consider arbitration or filing a lawsuit to take the case to a full court
hearing. The process of mediation could have a positive effect; this approach offers the
potential for a prompt, out-of-court resolution that preserves the tenancy. On the contrary, it
could have a negative effect in that Williams and Gibson may not agree to a payment plan or
may default again, forcing Fox to pursue litigation anyway. If litigation is the method chosen,
the positive outcome for Fox would be a successful court case that would result in an eviction
order and possibly a money judgment for any unpaid rent. The downside to this method is that
the litigation process involves the expenditure of legal fees and court costs, and the timeline can
be extensive. The recoverability of funds from Williams and Gibson, even with a judgment, is
uncertain.
Biblical Application
Recognizing the financial difficulties of Williams and Gibson, we as Christians are morally and
biblically bound to provide dedicated representation, protecting them from being unfairly taken
advantage of. This falls under the principle of caring for and speaking up for the oppressed. The
illegal eviction faced by Williams and Gibson that dangerously jeopardized Gibson's health by
blocking access to seizure medication, in my opinion, was a clear instance of injustice against
the needy. In their defense, the attorney should embody the command from Proverbs 31:8-9 to
speak for those who cannot and to protect the rights of the poor. I desire to become the type of
attorney that is fair, empathetic, compassionate, and respectful to all, and I believe that an
attorney's legal practice should be guided by the principle of treating clients and adversaries
with the consideration they themselves would expect in similar circumstances. This principle is
highlighted and expressed to us in Matthew 7:12, also known as the Golden Rule. It instructs
believers to "do to others what you would have them do to you."
§ 8.01-470. Writs on judgments for specific property. (n.d.).
https://law.lis.virginia.gov/vacode/title8.01/chapter18/section8.01-470/
Dugas, S., & Suttner, J. (2021, November 30). Treat other counsel how you wish to be treated:
The rules versus the Golden Rule. Lexology. https://www.lexology.com/library/detail.aspx?
g=32199747-5908-4a99-897114a611720edd#:~:text=Noting%20in%20default%20is
%20for,actions%20h ad%20the%20opposite%20effect.
Hailu v. Simonds. (n.d.). Justia Law.
https://law.justia.com/cases/maine/supreme-court/2001/2001-me-155-
0.html#:~:text=Simonds%20contends%20that%20(1)%20his,error%20and %20affirm%20the
%20judgment
Matthew 7:12 (NLT). (n.d.-b). Bible Gateway. https://biblegateway.com/passage/?
search=Matthew%207%3A12&version=NLT
Proverbs 11:3 (NLT). (n.d.-b). Bible Gateway. https://biblegateway.com/passage/?
search=Proverbs%2011%3A3&version=NLT
Virginia Residential Landlord and Tenant Act. (n.d.).
https://law.lis.virginia.gov/vacodepopularnames/virginia-residentiallandlord-and-tenant-act/
Virginia Uniform Statewide Building Code (USBC) | DHCD. (n.d.).
https://dhcd.virginia.gov/virginia-uniform-statewide-building-code-usbc
Martin A. Frey, Alternative Methods of Dispute Resolution § 19 (2003),
https://ebooks.cenreader.com/#!/reader/4036340f-ce52-4e69-
9b50ab7f36eb8dfd/page/91d74226e220c70dd1403c4b4dd1a68a
Appendices
Appendix A: Lease Agreement
Details of the Apartment Sharing and Room Rental Lease Agreement. Appendix B:
Certificate of Occupancy
Legal certification of the property as a lodging house.
Appendix C: Payment Ledger
Record of payments made by Williams and Gibson.
Appendix D: Condition Report
Assessment of room and shared space conditions.
Index
Term Pages
Eviction 2, 3, 8
Lease Agreement 2, 5, 10
Certificate of Occupancy 2, 5, 10
Payment Ledger 6, 10
Condition Report 6, 10
Biblical Application 9
