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Questions Answered by F. Paul Maloof
1 Answer | Asked in Business Law, Civil Litigation, Divorce and Real Estate Law for Virginia on
Q: What information does an attorney have the ability to find out about someone from their office?
F. Paul Maloof
F. Paul Maloof answered on Oct 26, 2021

This question sounds like a personnel matter. I do not handle personnel matters. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on
Q: My kids Grandmother passed away and my kids should get money what can I do uncle won’t give them any?

Grandma passed away earlier this month and kids dad passed same time last year.Now kids dad was taking care of her before she passed when he passed his brother took over.She only had 2 kids now I know my kids should get money from her death but uncle won’t give them anything even when dad died... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 26, 2021

In Virginia, a person who passes away and leaves a written Last Will and Testament, which names an Executor, the Executor is bound by the terms of the Will. If the Will was submitted to the Probate Court, you should contact the Commissioner of Accounts for that Probate Court and report your... Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for Virginia on
Q: What can I do about the very complicated situation with my mother? After paying $700/ a month for 2 years.

Recently, my dad passed away. So my fiance, my teenage son and I moved from NC to VA to move in with my mother because she said she would have to sell the house if we didn't. For 2 years we have given her double her mortgage in rent, all of the upkeep, and several big jobs for her with no... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 25, 2021

You reported facts sound more like a domestic relations issue, which I do not handle, then a landlord-tenant matter. You should seek advice from a domestic relations attorney. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I served tenant a 30 day non-remedial breach for violations, am I entitled to remaining rent due on entire lease? Sect 8

Rented to sect. 8 tenant. Tenant violated rental agreement: damaged property, didn't carry renters insurance, pest control as required, late fees (rent late each month), spouse residing in property but not on lease and failure to maintain yard. Sherriff served notice.Tenant said they moving... Read more »

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

I do not handle Section 8 matters. Sorry.

1 Answer | Asked in Employment Law and Civil Litigation for Virginia on
Q: Can my boss make me pay for damages to a company vehicle, that were caused at work?

I am employed at an LLC in Virginia. My boss is trying to make me pay for damages to a work vehicle, that occurred while I was on the job. I grazed a wall in the truck, but shouldn't this be covered under the company's insurance policy? Since I was given a vehicle, I assumed I was on the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2021

This is a labor law/employment law matter. I regret that I do not handle those matters. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: When does the time start on a 30 Day Notice for termination of a month to month tenancy ?

Does the 30 days start from the time the letter is signed for (in the case of a certified letter) regardless of the deadline noted in the letter? Landlord made the deadline to vacate 30 days from the date he wrote the letter. Not allowing for the time it takes to arrive by mail and going to the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2021

§ 55.1-1253. Periodic tenancy; holdover remedies.

A. The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. The landlord or the tenant may terminate a month-to-month tenancy by serving a...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Virginia on
Q: Car dealership refused to cancel my service contract & gap insurance even though they have a 30 day cancellation policy

I discovered days after purchasing my car that the dealership slipped a service contract and gap insurance into my loan contract. I then called/emailed the dealership multiple times asking for a cancellation but they refused, insisting that my car loan was tied to those products (contract says... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2021

Your recourse is to file a breach of contract lawsuit against the dealership. It will be your burden of proof to persuade the Judge that your claims are proven by a preponderance of the evidence.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: 30 day notice to vacate. Not allowing 30 days prior to the next rent due date.

My landlord sent a certified letter that stated in the heading "30 Eviction Notice" (he left out the word day) dated 09/17/2021. In the body he states "You are hereby notified that your lease terminated on Nov. 30 2019. This letter serves as your thirty day notice of termination of... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2021

With regard to a month-to-month tenancy, either the landlord or the tenant can give a 30 day written notice, according to the Code of Virginia, by giving the other party a written notice for the termination of the tenancy no later than the last day of the month before the termination date. For... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My son had Covid and rent was paid by county. Now apt complex won’t renew his lease.

He was asked in August was he going to renew and he said yes then he received a email stating they weren’t going to renew.

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

Th renewal of a residential lease is a two party agreement/contract. Both parties to the original lease are required to agree to the renewal or there will not be a renewal. Based on the facts that you reported, the landlord has not signed a renewal agreement and therefore the lease will not be... Read more »

1 Answer | Asked in Civil Rights and Landlord - Tenant for Virginia on
Q: Can I change the locks of my property after my tenants contract expires?

I am currently renting out my property. The contract ends November the 1st of this year. The tenants have already moved but payed for the month of October as well. Can I rekey my doors after the 2nd when the contracts ends?

F. Paul Maloof
F. Paul Maloof answered on Oct 13, 2021

In Virginia, when the tenant has fully vacated the premises and returned the keys of possession to the landlord, the landlord has complete possession and control of the premises, which gives the landlord the authority to re-key the doors.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I am a landlord of an aprtment in Virginia, my tenant is requesting me a second lock of the entrance door of the unit.

Is it a law in Virginia to provide keys for two locks?

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

To my knowledge, there is no law in Virginia that obligates a landlord to provide keys for two locks, unless there are two locks at the premises when the landlord delivers possession to the tenant at the beginning of the lease term.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Should I entertain rent relief program request from tenant even after having eviction judgment? She refused RRP earlier.

I have got the eviction and unpaid rent judgments against the tenant from the honorable general district court. After getting the judgment, the tenant contacted me if I would go for Rent Relief Program now ? She had refused for the same when I gave her the 14 days notice.

The lease expires... Read more »

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

Generally, when a tenant who has not paid the rent on a timely basis and now there is a judgment for possession and damages, the tenant's back is against the wall and will do anything to stay in the premises. Landlords who agree to such an offer are only looking for more trouble with the same... Read more »

1 Answer | Asked in Civil Litigation for Virginia on
Q: Hello, My girlfriend send an email to my boyfriend of 4 months and said horrible things about me. Needless to say he

Left me. So I want to take her to court for character defamation,malice and conspiracy. Do I have a strong case. She only emailed him once. I want to seek 1,000.000 for damages. Thank you.

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

A lawsuit for defamation and libel/slander must be proven by clear and convincing evidence. You must also prove that you and your reputation were damaged. Damages will require an expert who is an economist or financial expert. The burden of proof is very strict. No attorney takes these cases on... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a mobile park manager ask for a copy of your home title and insurance information? Isnt this private information?

Isnt asking for this information a violation of my privacy. I have a lease agreement and dont see how they can ask for this information.

F. Paul Maloof
F. Paul Maloof answered on Sep 30, 2021

Generally, the residential lease will state the requirements for a tenant to provide the landlord with certain documents, such as title and insurance. If the lease is silent as to this requirement, then the landlord cannot unilaterally change the terms of the lease and demand additional documents... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What is the law concerning eviction in page county Virginia.

My family of 5 including myself live with my mother-in-law & her boyfriend but she just on the 13th of Sept passed from covid. We are not on the lease. We did sign a paper when we moved in here for 4 months & we've been here almost 2yrs. though, the boyfriend being friends with the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 30, 2021

In Virginia, the laws that govern landlord-tenant matters are found in the Virginia Code (statewide laws), and not in a county-by-county set of rules.

In a situation in which the landlord claims the tenant/occupants are behind in the monthly rent, the proper procedure is for the landlord...
Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I rent a single-family home in VA. My landlord insists the lease requires me to pay for bedbug treatment. Can I sue?

I discovered the bedbugs within a week of physically moving into the apartment, before I had moved in any of my furniture (so I am confident they did not come from the movers). The landlord insists that treating pests is a tenant responsibility. They initially refused to provide maintenance, but... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 29, 2021

In Virginia, a tenant can file a Tenant's Assertion to claim the premises is uninhabitable because of beg bugs. The Court will determine if the lease should be terminated and if rent will be abated. This is your recourse based on the facts you reported.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can A landlord evict before lease is up, and refuse to cooperate with Rent relief?

I have a valid lease ending May 2022 in Virginia

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

Generally in Virginia, when a tenant has not paid rent on the date it is due (you admitted you are behind in the rent) the landlord has the right to file an Unlawful Detainer and ask the Court to award (by Court Order) the Landlord possession of the premises and then for the right of the Landlord... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I make a neighbor who is a landlord to evict his tenants if they smoke and their smoke come in my unit

He has been notified multiple times but doesn’t respond to my messages

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

A neighbor has no right to force another neighbor who is a landlord to evict a tenant for smoking on the premises. You may have a right to report the nuisance to the Condominium Board and complain or to the Property Manager for recourse.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: A landlord can terminate a rental lease that has just started and put the house for sell?
F. Paul Maloof
F. Paul Maloof answered on Sep 20, 2021

The terms of the residential lease will determine when and how a landlord can terminate the residential lease. This is a contract law question. On the second question, the landlord has the right to place the premises on the real estate market for sale, but the new owner will be required to take... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: How do I protect myself from a tenant that wants to break a lease early?

My tenant wants to break a year long lease early. I told her that she is legally obligated to pay the rent until we find someone to take over her lease, or pay a fee. She was unhappy about this and has not talked to me since. How do I protect myself if she refuses to pay and just leaves? I have one... Read more »

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

If the tenant fails to pay the rent, you will need to give the tenant a written notice to pay or quit. If then the tenant does not pay the rent, you will be required to file an Unlawful Detainer in the General Distract Court where the premises is located and seek damages and the return of... Read more »

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