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... 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.
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... 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...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?...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...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.
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...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
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... 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 »
You have given almost no facts on which a good answer can be based. Even if you had, however, I'd probably refer you to a real estate lawyer to help walk you through the law affecting the property. This forum is designed and good for simple, general questions that will get you to the...Read more »
i am my fathers legal guardian & conservator my half sister not related to my father is executor of his will. Her and her husband set up the will where they can do what they want with the house and his belongings my father thinking she would do what the will says signed it. She plans on doing... Read more »
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 and sit down with an...Read more »
I purchased real estate and allowed someone lifetime right and now she has been in a nursing home for almost 6 months I am being told she will never return and her son is in the property and trashing the place and not keep up with maintenance
I agree with Mr. Sternberg - and you need to see a lawyer who understands Life Estate issues. It seems that the son is committing 'waste' which is prohibited, and action could be taken to stop it. But it won't be easy or inexpensive.
We where told on November 17 that the person looking at house loan was approved. And we should have til end of December to find new place. Then on the 27 of November was told the closing would be on December 20. But on my lease it stated once property is sold we have at least 30 days to move. Does... Read more »
The general rule is that a document is construed strictly as to the drafter which I presume was the landlord. Anything unclear (capable of several meanings) is thus interpreted to favor the person who did NOT draft it. And words are usually given their 'ordinary' meaning....Read more »
18VAC 135-20-160.B: There was incorrect DPOR form on file intended for mailing purposes. Since corrected. However, I sent them 4 other documents, including clerk of court certificate, that clearly indicate place of business address. Plus, a site visit was never done inside the residence. A site... Read more »
After year 2 he never came by with a new lease I’m just trying to figure out what to do if he tries to kick me out for being behind on rent or what I can do to move out and if I have to give hI’m a 30 day notice instead of a 60 day notice as he has stated in the old lease
Read the last lease the landlord provided - it may have an automatic renewal for another year. Or it may have terms for how 'holdover' (or continued occupancy) is handled. For example it could have an extended notice period (60 days instead of 30) to terminate. If the most recent lease...Read more »
did you move in and are living there? The you owe the rent. Virginia law provides that if a lease is delivered but not signed AND the parties act is if it was in force, then it's in force and both the landlord and tenant must live up to their side of the bargain
Get a title examination professionally done - and ask for a '60 year search'. That will disclose 98% of the likely title issues of the property you are interested in. Then sit down with a real estate lawyer to explain what the various items are and how they affect the property. A title...Read more »
A landlord is third party billing tenants for water service. Landlord is unable to provide an itemized list of usage and charges for this utility and is charging tenants 3x more than service would typically cost. The lease does not have a provision for this third party billing and tenants are... Read more »
Actually, there IS law on pass-through billing of utilities to tenants in Virginia Code 55.1-1212 - https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1212/ (former code section was 55-226.2; it is essentially unchanged). The section of law is complicated, most lawyers don't...Read more »
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