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Virginia Questions & Answers
1 Answer | Asked in Civil Litigation for Virginia on
Q: I brought a used car 4 days ago the dealer has a no down payment back policy but my suv was showing transmission fail

What can I do to get my money back the engine

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

Your question is not clear from what you stated but if you are claiming that there is a consumer law issue, you should contact the Office of the Attorney General of Virginia, Consumer Law Department in Richmond, VA and make a formal Complaint. They may take your case and prosecute your Complaint.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Do my tenants have an additional 30 days to remain since they paid another month's rent after receiving 30 day letter?

My tenants informed me back in March that they were looking for a new place to live. We proceeded to inform them that we would be listing our home in May. I mailed them a certified 30 day letter stating that they would need to be out by May 1st. As May approached they made me aware that they... Read more »

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

If the Landlord accepted a rent payment without reservation of rights, which will keep the date for the tenants to terminate the lease, the Landlord has accepted an extension for an additional 30 days of the lease.

1 Answer | Asked in Medical Malpractice and Civil Rights for Virginia on
Q: Is it legal to deny medical treatment to someone based on their disability or is it an ADA violation?

I was actively having an asthma attack and I went to urgent care and they denied me treatment because I couldn't put on a mask due to my breathing difficulties. They told me that if I didn't put on a mask, I had to go elsewhere for medical attention. They told me their hospital systems... Read more »

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman answered on Jun 21, 2021

Dear sir / ma'am:

I am so sorry about the poor care you received. Thankfully, it sounds like you didn't suffer a permanent injury as a result of their misdiagnosis - as you acted quickly to ensure correct care and treatment. As such, you would not likely have a financially viable...
Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Am I responsible for paying rent until a new tenant takes occupancy?

When I requested to terminate my lease early, my property manager emailed me stating "The landlord has agreed to release you from your lease upon the following conditions.

1. *60 day notice, and provided at the time of said notice there is not a rental waiting list at the apartment... Read more »

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

If you requested and received those conditions in writing and then your landlord signed a written release at the time the conditions were fulfilled, you have a novation to prove that your were released from further rent. If you do not have a signed agreement and a signed release, you may have the... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Landlord - Tenant for Virginia on
Q: Can manager of motel where I work and live for past 3 yrs raise my rent if I no longer work for him

He threatened to raise my rent if I quit him

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

There are two relationships involved in your reported situation. One is the employer-employee relationship. The other is the landlord-tenant relationship. I will only address the landlord-tenant relationship because I do not handle employment law matters. If you have a written lease, the landlord... Read more »

2 Answers | Asked in Trademark for Virginia on
Q: Hemi is trademarked by Chrysler for automotive vehicles. Can I use the word in my charcoal grill business?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 17, 2021

Maybe

You need to consult with an attorney to assess your risks

cheers

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1 Answer | Asked in Civil Rights, Constitutional Law, Employment Law and Civil Litigation for Virginia on
Q: Am I eligible for compensation for VEC Employment Commission for damages for loosing my car and house

I’ve waited almost three months I had a outstanding error on my account it took me two months to get a hold of someone in the office. Got the account fixed called again to file said my claim couldn’t be processed because of an outstanding error on my account. Now I call and after the lawsuit... Read more »

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

I do not handle employment law matters. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I live in Virginia and my landlord claims he smelt pot coming from my apartment when i wasn’t even home. what can i do ?

I don’t have any pot in the apartment nor have we smoked in here can he evict us? we have also received complaints of our baby crying from our neighbors and we have been threatened to be evicted twice. my landlord claimed in writing that my neighbor said they smelled pot from our apartment but... Read more »

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

You should send a letter or an email to your landlord and dispute the claims that you were smoking pot in the premises. If the landlord brings a court action against you, the landlord has the burden of proof by a preponderance of the evidence in order to win his case. You can ask your neighbor to... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Q: Do I need a lawyer if I was in a 4 car accident n someone else car with the owner. I was the 3rd car.the 1st car ran.

Was not speeding, was not my fault. Rainy day couldn't stop fast enough. Everyone in my car was injured. Neck, back, leg and stomach.

Jan F Hoen
Jan F Hoen answered on Jun 15, 2021

Multiple vehicle accidents are more likely to have issues with coverage, conflicts of interest, and liability. It would be strongly advisable to retain experienced counsel.

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2 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Q: Do I need a lawyer if I was in a 4 car accident n someone else car with the owner. I was the 3rd car.the 1st car ran.

Was not speeding, was not my fault. Rainy day couldn't stop fast enough. Everyone in my car was injured. Neck, back, leg and stomach.

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

The law says you need to drive at a speed that will allow you to stop if something happens ahead. You indicate you may have not been able to stop. That raises issues. You should not make any more statements, not discuss this online. The insurance on the car you were in may give you an attorney. If... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I moved out of my apartment in 10/20. My landlords emailed me today saying I have a remaining balance. What should I do?

Is it legal for them to do that ? I specifically asked before leaving if I needed to be present for the inspection of my apartment and if everything was good (I had an automatic payment of my rent).

They told me I was all good and now 8 months later they ask me for a remaining balance of rent.

F. Paul Maloof
F. Paul Maloof answered on Jun 14, 2021

You should send an email back to the landlord and dispute the claim that you owe any additional rent. In Virginia, there is no specific law that addresses your issue. It may be that a Judge will have to decide the issue.

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.

1 Answer | Asked in DUI / DWI for Virginia on
Q: How to remove a false charge

On my driving record it says I killed someone on a dui. I got a dui but I never killed anyone. What can I do to get it removed? Can I sue someone about this they are making me do a treatment session due to this.

Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Jun 9, 2021

This is may have been a clerical error and may be corrected by contacting the clerk of the court in which you were convicted.

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 Traffic Tickets for Virginia on
Q: Am I going to go to jail? Please help!

I got caught doing 90 in a 70 in hopewell va. I am currently taking a driving class so I can take it to court is this Smart. I have +4 on my driving record and printed out my dmv record which has no tickets on it. I am also hiring a local lawyer to help me as well. I am freaking out I plan on... Read more »

Paula Hough
Paula Hough answered on Jun 8, 2021

It is smart to do the driving school. At that speed, if you were to hire a local attorney, you would not need to appear in court (the attorney could go on your behalf). The charge is a criminal misdemeanor, so you should hire an attorney, or at least seek legal advice. I strongly believe that an... Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury, Child Custody and Education Law for Virginia on
Q: medical malpractice, failing to give proper diagnosis

As a Single Mother of 4 children who all have lifetime disabilities including myself. Lets start with Myself. I was finally approved from the SSA with having a diagnosis of OCD, Bi Polar II disorder, PTSD, Depression, Social Anxiety, Other mood disorders, Autism spectrum disorder and Schizophrenia.... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 7, 2021

A Virginia attorney could respond best, but your post remains open for two weeks. You provided lots of detailed information. In reading your post, it looks like the central issue is eligibility of your son for a Special Education program... and a misdiagnosis was involved. If that is correct, one... Read more »

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 for Virginia on
Q: How do I go about putting my wife on my deed?
Richard Sternberg
Richard Sternberg answered on Jun 3, 2021

You record a deed, and, if you are wise, you discuss the transaction with a lawyer first.

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