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Questions Answered by F. Paul Maloof
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What if anything can I do about my landlord not maintaining the driveway? It is in a mobile home lot where his brother

Is responsible for half the road. And the man I pay rent to says I need to go to his brother. Whom I do not rent my lot from?

F. Paul Maloof
F. Paul Maloof answered on Dec 5, 2021

In Virginia, the issue of maintenance of a driveway will depend on what is stated in the written residential lease. It should provide for whether the landlord or the tenant has the legal obligation for such maintenance.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: No written agreement, pay faithfully, almost uninhabitable conditions, still being threatened with eviction.

I have a non-written verbal agreement with the owner, my father. There are years worth of texts to support the terms of the agreement, which included lease-to-own and owner finance option. I was desperate. So I moved in. I was not given an actual amount to pay so I figured just go to the bank that... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 3, 2021

You have an oral agreement for the residential lease of the premises. It would behoove you to have an attorney to draft a written lease so that both the tenant and the landlord have a document to which they can look to for their rights and obligations.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord have you move in 10days if you don't have a lease

Went to court for first time and they said I have 10days to move can that really happen

F. Paul Maloof
F. Paul Maloof answered on Nov 22, 2021

In Virginia, in a situation when the Landlord has filed an Unlawful Detainer, which seeks possession of the premises by Court Order, and the Judge rules that the Landlord has the right to possession of the premises, there is a 10 day period to file and appeal and post a monetary bond for the case... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Hello,I am a tenant and I was served a garnishment summons from court beacause of a debt that my landlord owned

It is the second time and the first time she paid it herself and this time I have a court hearing set for December but my lease is ending on November and am moving out but since I have no knowledge I did not withhold any amount from the rent of the one last month before my lease termination and... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 15, 2021

A Garnishment Summons is an Order/Command by the Court for the person who is the Garnishee and was served with the Garnishment to withhold funds or appear in Court to answer to the Judge. If an answer is not filed or an appearance not made, the Garnishee will be held in Contempt of Court.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What does a "Non-Judgement" mean on a unlawful detainer in Virginia?

I meant to say "NON-SUIT"

F. Paul Maloof
F. Paul Maloof answered on Nov 10, 2021

Pursuant to the Code of Virginia.

§ 8.01-380. Dismissal of action by nonsuit; fees and costs.

A. A party shall not be allowed to suffer a nonsuit as to any cause of action or claim, or any other party to the proceeding, unless he does so before a motion to strike the evidence has...
Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Does the Virginia Residential Landlord and Tenant Act pertain to all residential landlords?

What factors determine whether or not a residential landlord falls under the purview of the Virginia Residential Landlord and Tenant Act? Is it the amount of rental units owned or are there other factors that apply? If I own three single family dwellings would I be subject to the VRLTA?

F. Paul Maloof
F. Paul Maloof answered on Nov 8, 2021

The applicable Virginia Code section is: § 55.1-1201. Applicability of chapter; local authority.

The key provision that addresses your question is, as it uses "all.....dwelling units...":

B. The provisions of this chapter shall apply to occupancy in all single-family and...
Read more »

2 Answers | Asked in Civil Litigation for Virginia on
Q: I recently applied for a name change and was denied due to the fact that my birth certificate only identifies my mother.

In the section for father, my birth certificate merely states “deceased”. I do not have any other knowledge of his identity. Is there any other route or action I can take?

F. Paul Maloof
F. Paul Maloof answered on Oct 27, 2021

I regret that I do not handle name change matters. Sorry.

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1 Answer | Asked in Business Law, Civil Litigation, Divorce and Real Estate Law for Virginia on
Q: What information does an attorney have the ability to find out about someone from their office?
F. Paul Maloof
F. Paul Maloof answered on Oct 26, 2021

This question sounds like a personnel matter. I do not handle personnel matters. Sorry.

2 Answers | Asked in Civil Litigation for Virginia on
Q: My kids Grandmother passed away and my kids should get money what can I do uncle won’t give them any?

Grandma passed away earlier this month and kids dad passed same time last year.Now kids dad was taking care of her before she passed when he passed his brother took over.She only had 2 kids now I know my kids should get money from her death but uncle won’t give them anything even when dad died... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 26, 2021

In Virginia, a person who passes away and leaves a written Last Will and Testament, which names an Executor, the Executor is bound by the terms of the Will. If the Will was submitted to the Probate Court, you should contact the Commissioner of Accounts for that Probate Court and report your... Read more »

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1 Answer | Asked in Family Law and Landlord - Tenant for Virginia on
Q: What can I do about the very complicated situation with my mother? After paying $700/ a month for 2 years.

Recently, my dad passed away. So my fiance, my teenage son and I moved from NC to VA to move in with my mother because she said she would have to sell the house if we didn't. For 2 years we have given her double her mortgage in rent, all of the upkeep, and several big jobs for her with no... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 25, 2021

You reported facts sound more like a domestic relations issue, which I do not handle, then a landlord-tenant matter. You should seek advice from a domestic relations attorney. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I served tenant a 30 day non-remedial breach for violations, am I entitled to remaining rent due on entire lease? Sect 8

Rented to sect. 8 tenant. Tenant violated rental agreement: damaged property, didn't carry renters insurance, pest control as required, late fees (rent late each month), spouse residing in property but not on lease and failure to maintain yard. Sherriff served notice.Tenant said they moving... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 22, 2021

I do not handle Section 8 matters. Sorry.

1 Answer | Asked in Employment Law and Civil Litigation for Virginia on
Q: Can my boss make me pay for damages to a company vehicle, that were caused at work?

I am employed at an LLC in Virginia. My boss is trying to make me pay for damages to a work vehicle, that occurred while I was on the job. I grazed a wall in the truck, but shouldn't this be covered under the company's insurance policy? Since I was given a vehicle, I assumed I was on the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2021

This is a labor law/employment law matter. I regret that I do not handle those matters. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: When does the time start on a 30 Day Notice for termination of a month to month tenancy ?

Does the 30 days start from the time the letter is signed for (in the case of a certified letter) regardless of the deadline noted in the letter? Landlord made the deadline to vacate 30 days from the date he wrote the letter. Not allowing for the time it takes to arrive by mail and going to the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2021

§ 55.1-1253. Periodic tenancy; holdover remedies.

A. The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. The landlord or the tenant may terminate a month-to-month tenancy by serving a...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Virginia on
Q: Car dealership refused to cancel my service contract & gap insurance even though they have a 30 day cancellation policy

I discovered days after purchasing my car that the dealership slipped a service contract and gap insurance into my loan contract. I then called/emailed the dealership multiple times asking for a cancellation but they refused, insisting that my car loan was tied to those products (contract says... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2021

Your recourse is to file a breach of contract lawsuit against the dealership. It will be your burden of proof to persuade the Judge that your claims are proven by a preponderance of the evidence.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: 30 day notice to vacate. Not allowing 30 days prior to the next rent due date.

My landlord sent a certified letter that stated in the heading "30 Eviction Notice" (he left out the word day) dated 09/17/2021. In the body he states "You are hereby notified that your lease terminated on Nov. 30 2019. This letter serves as your thirty day notice of termination of... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2021

With regard to a month-to-month tenancy, either the landlord or the tenant can give a 30 day written notice, according to the Code of Virginia, by giving the other party a written notice for the termination of the tenancy no later than the last day of the month before the termination date. For... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My son had Covid and rent was paid by county. Now apt complex won’t renew his lease.

He was asked in August was he going to renew and he said yes then he received a email stating they weren’t going to renew.

F. Paul Maloof
F. Paul Maloof answered on Oct 17, 2021

Th renewal of a residential lease is a two party agreement/contract. Both parties to the original lease are required to agree to the renewal or there will not be a renewal. Based on the facts that you reported, the landlord has not signed a renewal agreement and therefore the lease will not be... Read more »

1 Answer | Asked in Civil Rights and Landlord - Tenant for Virginia on
Q: Can I change the locks of my property after my tenants contract expires?

I am currently renting out my property. The contract ends November the 1st of this year. The tenants have already moved but payed for the month of October as well. Can I rekey my doors after the 2nd when the contracts ends?

F. Paul Maloof
F. Paul Maloof answered on Oct 13, 2021

In Virginia, when the tenant has fully vacated the premises and returned the keys of possession to the landlord, the landlord has complete possession and control of the premises, which gives the landlord the authority to re-key the doors.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I am a landlord of an aprtment in Virginia, my tenant is requesting me a second lock of the entrance door of the unit.

Is it a law in Virginia to provide keys for two locks?

F. Paul Maloof
F. Paul Maloof answered on Oct 7, 2021

To my knowledge, there is no law in Virginia that obligates a landlord to provide keys for two locks, unless there are two locks at the premises when the landlord delivers possession to the tenant at the beginning of the lease term.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Should I entertain rent relief program request from tenant even after having eviction judgment? She refused RRP earlier.

I have got the eviction and unpaid rent judgments against the tenant from the honorable general district court. After getting the judgment, the tenant contacted me if I would go for Rent Relief Program now ? She had refused for the same when I gave her the 14 days notice.

The lease expires... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 6, 2021

Generally, when a tenant who has not paid the rent on a timely basis and now there is a judgment for possession and damages, the tenant's back is against the wall and will do anything to stay in the premises. Landlords who agree to such an offer are only looking for more trouble with the same... Read more »

1 Answer | Asked in Civil Litigation for Virginia on
Q: Hello, My girlfriend send an email to my boyfriend of 4 months and said horrible things about me. Needless to say he

Left me. So I want to take her to court for character defamation,malice and conspiracy. Do I have a strong case. She only emailed him once. I want to seek 1,000.000 for damages. Thank you.

F. Paul Maloof
F. Paul Maloof answered on Oct 6, 2021

A lawsuit for defamation and libel/slander must be proven by clear and convincing evidence. You must also prove that you and your reputation were damaged. Damages will require an expert who is an economist or financial expert. The burden of proof is very strict. No attorney takes these cases on... Read more »

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