The current lease does not expire until July 31, 2020, but the leasing office is telling her she has to sign. I was the guarantor on the current lease, but have not indicated I plan to again, but they are also telling me I have to sign.
Adverse possession is one of the more complicated areas of real estate law. You need to consult a real estate litigation attorney This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer....Read more »
You asked this on two separate forums - yes, Unlawful Detainer (note correct name) is an eviction. If you don't move after 10 days the landlord can have the sheriff physically remove you from the property and your stuff can be removed from the property.
If your mother is on a written lease that has not expired, then the 'old' rent continues. Many leases revert to month-to-month leases after the first year (or so) and if that's the case, and the new owner gave appropriate notice, then the new rent is due.
My spouse recently became a Ward of the state. He has a public guardian & conservator. How do I get protection under the spousal impoverishment laws? I depend on his income. He receives retirement from the railroad of $3400 per month. He went to a Nursing Home yesterday. His care will run $6000.00... Read more »
Your question is remarkably complex. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more than an internet answer. Find...Read more »
I want to go and request to review my tenant file with my property manager. I want to see what contents are in the file. The Property Manager is telling me no and that I am not entitled to review the file. If the file is about me and concerns me and residency then why can't I review it?
My father was my grandfather's executor and my aunt and uncle were the administrators. My father passed away and I became his executor of estate and I am his only heir. Does his role as executor for his father's estate come to me? Or does it cancel him out and only the two administrators are left?... Read more »
There is a whole lot of information you didn't provide - and you're in a complex situation. Before you make any (more) mistakes consult an experienced probate lawyer for an overview of all estates and advice on how to handle them.
The financial conservator sent me a letter saying that since i paid for the funeral then as reinbursment of the estate that i could take the trailer. I dont want the trailer. It would cost way more to have it moved off the lot then what i paid for the funeral. if i dont sign her form, then what... Read more »
Under the facts you don't have to take the trailer (mobile home). It sounds like the conservator is trying to conclude the conservatorship and no one has been appointed as administrator (or executor) of the estate, and there probably isn't enough money to justify doing that. The conservator does...Read more »
You may not have many rights, at all. Your phrase 'only one on her will' doesn't give me guidance: is she the only person named to inherit grandmother's property, or is she the named executor? Does the executor have authority over the real estate.? What does your...Read more »
You have not provided any facts in order for us to review your question in context with the estate. Was there a will? What did it say about the property? Were there any other assets distributed other than real estate?
And there is no official named "Probate Judge" in Virginia, but that's...Read more »
My grandfather passed away in late 2019. His will says that all belongings should be divided equally between the 4 children. My uncle is named executor but he has yet to file the will into the probate court. Can he try and sell my grandfather's home to a family member for half of fair market value... Read more »
Your question leaves out some information - I'll point out that 'belongings' is generally personal property (household goods - TV, furniture, etc) and is not real property such as the home. What does the will say about the real property.
However, that he's acting without at least recording...Read more »
The power company here in VA took my deposit, gave me a date to turn the power on, didn't, then required a notarized lease and whereabouts of the previous tenants, even though I as the new tenant didn't know the previous tenant, I get all this documentation even after they still haven't turned my... Read more »
I just signed a year lease on 12/1/2019. I do not have a copy of my lease to review because my Landlord did not provide a copy like he said he was. I have recently asked my Landlord to mail me my copy and he claimed he mailed it over 10 days ago. But I have yet to receive the said copy. Not sure my... Read more »
General rule is that a new owner takes the tenant and the lease that the prior owner had put in place and has to honor any existing contracts. In addition to getting a copy of the lease, make sure you have a copy of the 'move in' inspection report which shows the condition of the property when you...Read more »
You question leaves out a lot of information that is needed for us to provide an answer. Whose land is the septic system on? If you disconnect your house where would your effluent (sewage) go? Your question says 'without conditions' - do you mean easement? Do you have title insurance? Have you...Read more »
The term the law uses is 'life tenant' which means that that individual has the right to live on the property for their life; those who then get the property on death of the life tenant are called 'remaindermen' or 'remainder interest' (think of 'what's left after the life tenant dies'....Read more »
I am a resident in Richmond, VA that has been overcharged in rent by our apartment complex. According to our lease, we are to pay $1607 per month in rent. We have been paying $1689 in rent alone for 11 months. We’ve also been overcharged late fees and attorney fees based on the incorrect rent... Read more »
If you don't qualify for Legal Aid (and CVLAS that was suggested has the best landlord-tenant lawyer in Virginia, in my opinion) your school may have a 'student lawyer' who can advise you in more detail and possibly provide assistance.
You say you have a copy of a rental ledger that's...Read more »
I’ve simply refused to pay and asked for further documentation and the covenants and the cc &r. I also asked for the breakdown of the budget and why the dues are being exercised. I also noted that the HOA was never disclosed at any time and that I will be seeking legal advice.
You should have an 'owner's title policy' - look at it and see if there is any mention of a homeowner's association. If not, then make a claim under the title insurance policy as it may be a covered risk.
Homeowners associations can be crazy - many are good but some get idiots in control....Read more »
Heir Land was sold without family consent without real estate assessment and without right of way. Current owners are trying to sell land but have not been successful. As a family will we need to go to County first to assess where land boundaries are before we present an offer
You have provided a minimal statement of fact but no question. I'm not sure what you want to know.
If you came to my office I'd want to know how the land was sold and by whom, if it wasn't sold by the family. I'd probably then want a title examination to cover ownership to when the family...Read more »
REQUIRE? No. Everyone has the right to represent themselves no matter how little they know.
GOOD IDEA? Absolutely. There are aspects to real estate ownership and sale that would surprise many people. I've lost count of the times I've looked at a transaction - after the fact or when it's...Read more »
The new landlord said they're not likely to sell, but the property has two houses and it's possible she'll want to sell mine. There are plenty of people right here who would want to rent it, so I'm wondering--can I say no to adding that clause? Is it legal in VA or do I have no leverage if it's... Read more »
As I understand your facts - you are occupying a house under a 2 year lease that will expire soon. Owner will extend but with a clause that allows owner to terminate the lease IF they sell the house and on 60 days notice.
First, yes they can do that. As a tenant I once did that - put in a...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.