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The month-to-month lease they signed states I must give at least 30 days notice - i gave 45. I need to move back into my house. Tenant now (30 days after notification) states they are protected under Federal COVID eviction moratorium and will not leave. Is this true? They are willing to pay another... View More 
answered on Jan 18, 2021
My understanding is that the moratorium is only for non-payment of rent. Any other reason (not money) for termination of a lease is still valid. I suggest you contact an experienced landlord tenant lawyer in that area for advice.
answered on Jan 8, 2021
Probably not. You agreed to a year and the tenant relied on that.
Turning it around, would you let the tenant break the lease if they wanted/needed to move?
answered on Jan 5, 2021
Mr. Sternberg is correct - if the account had joint ownership or survivorship then the individual named - even if also the executor - could close it. Also, if the estate was below $50,000 it falls under the 'small estate act' provisions of Virginia law and no formal administration (court... View More
answered on Jan 4, 2021
No, you are not required to provide internet - or any other utilities.
HOWEVER, if you haven't given them a written lease, then Virginia has written one for you and they have the right to be there for a full year. See 55.1-1204 of the Virginia Code. If you trust a bunch of... View More
My home is located in Virginia Beach
answered on Dec 17, 2020
Mr. Sternberg is correct - you'll have to refinance to do it. Lenders are a pain in the neck on this stuff - assuming you actually find someone at the loan servicing company who understands what you're doing. The important thing is to get a deed from your ex for their share of the... View More
I travel overseas for work and have given full POA to my wife. We are having issues and I am afraid she may sell our properties and take all the money. I am not sure if she can take all the proceeds from the sale? What can I do to protect my share? 2 houses in NJ and one in VA.
If she... View More
answered on Dec 14, 2020
You can revoke a power of attorney at any time. It's as simple as "I hereby revoke the power of attorney given to (name) dated (date)." and then sign it, give her a copy, and make a written note on a copy when you handed it to her. Mail copies to banks, tenants, and anyone who deals... View More
I have a contract to purchase a residence and the seller passed away a week ago. Do I have any legal way to enforce this contract as her son is harassing me and saying the contract is void and that he is going up on the price etc.
Is the contact still legal and can I purchase for the... View More
answered on Dec 4, 2020
You need to hire a lawyer. This isn't a do-it-yourself project.
A contract survives death and can be enforced against the estate. And there's a statute that applies Virginia Code 64.2-523 here:https://law.lis.virginia.gov/vacode/title64.2/chapter5/section64.2-523/
But... View More
The seller passed away after the contract was signed. We have been paying the mortgage payments for 7 years on her behalf.
Do we have any recourse to have the contract enforced.
Also what happens if the heirs refuse to honor the contract.
answered on Dec 3, 2020
There are several ways this can still happen, but you'll need a good experienced real estate lawyer to help. There is a statute that applies to pre-death contracts (64.2-523 - here: https://law.lis.virginia.gov/vacode/title64.2/chapter5/section64.2-523/) but you really need the help of a... View More
the lot. The home is valued at 8,000 but she had credit card debt in excess of 10,000. Do I need to go through the probate process? I have several other questions regarding this matter.
answered on Dec 3, 2020
I agree generally with Mr. Sternberg. However, if the mobile home is titled (likely as it's in a park) then there may be a process with DMV where you, as sole heir, can get title. You can then sell the mobile home IF YOU WANT TO. There are several moving parts to this and a lot of ways you... View More
answered on Nov 27, 2020
There are at least three answers to this question depending on facts you didn't provide.
If step-dad and mom owned the property in survivorship and
1) Step-dad died first, then you will have an interest when your mom dies unless she left a will providing otherwise.... View More
answered on Nov 27, 2020
Have you consulted an experienced lawyer? There are a lot of considerations that many people don't know, such as the answer to your question. At least once a month I save my clients a lot of money - a multiple of my consultation fee - because of those details.
That said, if you look... View More
They entered the nursing home and is on disability therefore Medicaid can not include it as asset, as I stated he is not interested now in continuing to stay after dad passes I don't want to lose my parents home my question is IF he decides after our Father passes not to remain in the home and... View More
answered on Nov 10, 2020
That your brother was on disability and living in the house is (1) a detail not in the original question and (2) an exclusion from Medicaid recovery and spend-down for care. However if he vacates then the house loses the protection and may have to be sold.
As I said, consult an elder law... View More
The family home which he has moved into already the home still has a mortgage for 8 more years he is already struggling 6 months in to it if he walks away from it and my dad passes and I assume the home can my brother come and take it from me.
answered on Nov 10, 2020
There's a whole lot more to your problem than your brother moving into the home. What does the deed to your parents for the home say? Was the property in survivorship (tenants by the entirety)? Your father is in a nursing home; how is his care being paid? Is he on Medicaid? If so, he owns... View More
The new survey was completed in 2015 and changed the lines significantly. Both parties signed the new survey. This new survey was not recorded by either party (the smaller property is surrounded by another very large property on 3 sides, with a road as the 4th side). Neither party changed their... View More
answered on Nov 8, 2020
I agree with Mr. Seddiq's response. There's a lot of important, basic, information missing from your question. 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.... View More
answered on Nov 6, 2020
Your question is not clear. I assume you have an existing mortgage, held by company "A". You have now been told that the loan is held by company "B". If that is the case, then no, "B" doesn't have to file a new deed of trust (or anything else for that matter).... View More
My parents are applying for Medicaid. We know that primary residence doesn’t count as an asset, and that Government will take the equity when my parents die.
What happens when the house is jointly owned, do they still come after my parents die?
answered on Nov 2, 2020
Don't let them do anything without consulting an Elder Law Attorney. It is possible to keep the house (and the equity) if handled correctly. There are a lot of 'hidden' methods and a competent Elder Law Attorney can be a big help. You can find one by going to the Virginia Academy... View More
What rights does he have he havent lived in the house over 10 yrs how i can put my name on the title
answered on Oct 25, 2020
You question leaves out a lot of information that is needed for us to provide an answer. 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... View More
Do I also need to hire a lawyer or can I sign the contract from my cousins lawyer and be done? He is obtaining a mortgage which is part of the contract. No one else has ever owned this property besides my mom. She does not live there and I have power of attorney to sign contracts, including real... View More
answered on Oct 25, 2020
Can both you and your cousin agree that one lawyer can handle the whole thing? Yes. But there are nuances (tricks) that may affect the transaction.
What concerns me is that you say your mother had dementia - that indicates she is, or may be soon, in a nursing facility and you want to get... View More
Month i paid the remaining balance they they sented the title to me but my dads name is still on it and he wont sign it over to me what should i do im the only child i own the land as well
answered on Oct 25, 2020
You asked this question twice - here's my answer to the other version:
You question leaves out a lot of information that is needed for us to provide an answer. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal... View More
I already have renters ins that meet their requirements from my auto ins. They offer it through a specific company but I would like to keep my own without paying them an opt- out fee. Is it legal to force a rebtal company on me?
answered on Oct 23, 2020
I had to look it up, and was dismayed and surprised to see that the landlord can charge an 'opt-out' fee - see Virginia Code 55-1206 A, here: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1206/
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