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Questions Answered by F. Paul Maloof
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord make a current tenant leave the unit while showing it to prospective tenants?
F. Paul Maloof
F. Paul Maloof answered on Jun 12, 2021

In Virginia, a landlord has no right to exclude a tenant from the premises during the lease term, even to show the premises to prospective tenants.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Rental property is saying we are rent responsible until a new tenant moves in? is this legal?

My fiancé & I moved out of the apartment we shared with his mother a year ago, we put our notice in & were notified that we would not be removed from the lease until his mother showed proof of income to sign her own lease so she went on a month to month because she was still making... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 9, 2021

In Virginia, a month-to-month tenancy is terminable on a written 30 day advanced notice. If the tenant(s) gave the proper written notice, then the month-to-month tenancy would be terminated and there are no additional responsibilities for the tenant, including paying rent.

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: So what options do I have in braking a lease peacefully if there isn't a resolution in the noise complaints made?

Can I move without obligation to paying the remainder of rent if the noise complaint is unbearable?

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

Speaking with the landlord about an early out would be a first step.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Virginia on
Q: Does a tenant have a case of Constructive Eviction if another tenant does not resolve their animal noise?
F. Paul Maloof
F. Paul Maloof answered on Jun 8, 2021

In Virginia, constructive eviction is generally applied when there is physical damage to the premises, such as the roof caving in, that causes the tenant to not be able to live in the premises. Animal noise, by itself, would not be considered in Virginia a claim for constructive eviction.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Effective Jan 1, 2022, VA state law is amending how an unlawful detainer can be expunged. Can apply to 2020 dismissal?

I was evicted in Dec 2020 but no order of possession was filed and case was dismissed. Can the new law apply to my case?

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

The Virginia Code Section that applies to your question is set forth below and pretty clear as to its procedures:

§ 8.01-130.01. (Effective January 1, 2022) Unlawful detainer; expungement.

A. If an action for unlawful detainer filed in general district court is dismissed or a...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: I was falsely accused of smoking in my apartment. What are my options?

I was falsely accused of smoking in my apartment when I am a non-smoker. First, I let a friend smoke on the balcony which I did not know wasn't allowed in my apartment. I apologized but was given a 21/30 to cure the smell (which of course there was no smell in my apartment), so I cured it... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 2, 2021

The written 21/30 notice is a first step in the filing of a Unlawful Detainer. The folks who are accessing you of the smoking have the burden of proof so you should go to court and deny their claim and put them to the test. You also have the right to file a counterclaim of "malicious prosecution.:

1 Answer | Asked in Landlord - Tenant and Probate for Virginia on
Q: If my attorney representing me while in probate is representing a client renting

My tenant is in default of there lease which my attorney wrote who is my attorney obligated to

F. Paul Maloof
F. Paul Maloof answered on Jun 2, 2021

In Virginia, an attorney cannot ethically represent two clients who are in a conflict of interest. In that case, the attorney must withdraw from the representation of both clients.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: If a tenant's lease states that it may be auto-renewed if notice isn't given 60 days prior to the end of a lease...

Can the landlord opt to not renew the lease within 30 days of the end of the term? Or change the term to a month to month lease?

F. Paul Maloof
F. Paul Maloof answered on Jun 1, 2021

In Virginia, the automatic renewal provisions contained in a residential leas are binding on the tenant and the landlord. One party to the lease, such as the landlord, doe snot have the right to unilaterally change the lease to a month-to-month tenancy.

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1 Answer | Asked in Divorce, Family Law and Civil Litigation for Virginia on
Q: How long do I store my wife's items in my home before I can remove them? Left 16 months ago. Divorce not final yet.

I ask my wife to leave and she left March 4, 2020 and I ask her to take her clothes and belongings with her when she left. I have repeatedly ask her to get her belongings but she has refused. On May 2, 2021, I have her until May 31, 2021 to remove her belongings but she has refused to do so. I... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 28, 2021

I regret that I do not handle domestic relations and/or divorce law matters. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord serve a non-renewal lease, with no just cause ?

I asked my landlord to fix things in my apartment, next thing I know I was getting a non-renewal he refused to fix issues I addressed with him ?

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

If the items that you requested to be fixed by the landlord are necessities to keep the premises in a habitable condition, such as AC, electricity, heat, the landlord cannot legally refuse to fix those items. You should contact the Office of Housing Code Enforcement and make a formal Compliant.... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Virginia on
Q: If I have a claim as explained below, would you be interested in assisting me?

On March 19, 2021, during my incarceration, a civilian doctor refused to give me a CT-Scan and a Myelogram because I had refused to submit to a COVID-19 test administered by his nurse due to my having previously experienced severe nasal pain and nose bleeds caused by previous tests for COVID-19.... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 21, 2021

I regret that I do not handle medical malpractice matters or criminal law matters. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Can a person sue me for a completed job that my husband was paid in full for. He passed away on December 14,2020.

Now 5 months later she is suing me,his wife, for the money. The amount of$200.

F. Paul Maloof
F. Paul Maloof answered on May 19, 2021

If you have a paid receipt for the work that was performed, you have a defense of payment. It should be a straight forward defense.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My landlord leasing agency name is different from what’s on the lease. Is that illegal?

On my lease that I signed last June the leasing agency name is one thing but recently I’ve received a letter from my landlord and it’s a different name but same address. The weird part is the new business name was made 8 years ago. Is that illegal? He seems kinda shady when it comes to money... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 19, 2021

In Virginia, a landlord can designate a property manager to act on the landlord's behalf and enter into a lease for the landlord. There is nothing illegal about that especially if the agency/property manager discloses the relationship.

1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for Virginia on
Q: I bought the house that I was renting from the owner, he is supposed to do some minor repair that we agreed on

now all papers are signed and he still did not do the repairs, I also did not get a refund for my security deposit, my deposit was not part of the deal. What are my options.

F. Paul Maloof
F. Paul Maloof answered on May 18, 2021

You obviously have a breach of contract case. You should file a Complaint in the Court where the property is located and seek an award for damages of the failure to make the repairs in accordance with the contract.

1 Answer | Asked in Employment Law, Arbitration / Mediation Law, Business Law and Civil Litigation for Virginia on
Q: SB123/HB838,Va,1 def.lawyer,Exec.VP co hq in fl.offense,jury trial in Va.settlement offer.terms were prejudiced.

Company offered a one sided settlement agreement. I can't honor terms due to active Anti-Retaliation Unit NCIT Certified Investigator Virginia doing his due diligence. I have ADA OWBPA ADEA eligible concerns/pandemic restrictions. Jury trial set for 07/22/2021.I am a registered corporate... Read more »

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

I regret that I do not handle employment law matters. Sorry.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My landlord texted me saying they are putting the house I rent up for sale. I am on HUD

I am on disability. I have anxiety and a son with special needs and don't leave the house due to covid. My landlord wants to list the house on the market and my lease is up AUG 31st. I'm worried about people coming into my home with covid it makes my anxiety worst and also my son with... Read more »

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

In Virginia, a landlord has the right to list and sell rental property without the requirement that the tenant is in agreement. The new owner, however, is required by law to assume the lease until the end of the lease term. At the end of the lease term, the lease ends unless it is extended by a... Read more »

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1 Answer | Asked in Civil Litigation for Virginia on
Q: Can we claim damages from company that maintains our website?

I have been running a driving school called Eagle Driving School for the past 14 years. My website was www(dot)eagledrivingschool(dot)net and had been maintained by the same company for the past 14 years. I regularly pay a fee for maintenance of the website. My students used to register for classes... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 16, 2021

I regret that I do not handle internet or website negligence matters. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I just received notification about a garnishment for a rental bill that is about if not over 10 years old.

What do I do please?

F. Paul Maloof
F. Paul Maloof answered on May 11, 2021

You can go to Court and challenge the garnishment summons if it is more than 10 years.

2 Answers | Asked in Criminal Law, Civil Litigation and Probate for Virginia on
Q: Is it unusual for a judge to do searches on the internet of the Plaintiff and defendant in cases they hear?
F. Paul Maloof
F. Paul Maloof answered on May 10, 2021

I do not handle criminal law matters. Sorry.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: How can a company garnish my wages twice?

I moved out of a apartment complex 6 years ago because they had bed bugs and would only do one apartment at a time and the bed bugs will travel,

So 4 years later they garnish my wages for $700+ now they are garnishing me again for the same amount they took my $799 deposit when I moved.

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

In Virginia, the law that effects the garnishment of wages and/or bank account has a set period of 180 days before the matter goes to court. If the full amount of the judgment is not satisfied by the initial garnishment, the judgment creditor has the right to file a second garnishment to seek the... Read more »

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