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Questions Answered by F. Paul Maloof
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: In VA State how long does the landlord have to remediate a mold issue?

My furniture is ruined

Lease started on Aug 1

Lots of moisture in air

Holes in walls

Walls are soft to touch

Eyes burning

I’ve had two asthma attacks which led to us ultimately leaving but landlord stated on phone, he would fix issue on 9/22-9/23,... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 23, 2020

In Virginia, the Tenant in a situation as yours, must call the Office of Housing Code Enforcement for the city/county in which the premises is located and make a formal Complaint, then request an inspector to come to the premises to inspect the conditions of uninhabitability and if there are... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: VA Can landlord charge me an "opt-out" fee for choosing a different rental ins co than the one they offer?

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?

F. Paul Maloof
F. Paul Maloof answered on Oct 23, 2020

I think it is not a question of whether it is legal or not legal. It is a question of whether the landlord has a "right" as stated in the residential lease to make that demand. If the lease does not give the landlord that right, then the landlord does not have a contractual right to... Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation and Small Claims for Virginia on
Q: Can/should I sue ex for Stimulus check funds?

Spouse and I are separated...still legally married. No property settlement. I am sole custodial of our two children. 100% timeshare. She walked away and never contacts the children.

We filed taxes jointly in 2019. She filed primary as I am disabled on SSI.

We were separated when the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 22, 2020

I regret that I do not handle domestic relations maters. This issue should have been covered in your Property Settlement Agreement so you may want to look at it, if you have one.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Landlord says leases is expired during CDC order

My landlord has told me that the CDC order means nothing if my lease expires. He started becoming aggressive after I sent in the CDC paperwork. He also says that he will challenge my income claims in court, even though I claimed less than 100k income when I moved in and I really do not have income... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2020

The only way you can protect your rights in a residential lease situation is to pay the rent on time.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Court Fees for Rent, But not in rental agreement

I paid my rent late for the month of September, about 3 weeks in the month. I paid the rent amount and the late fees. Now I receive a bill from the rental agent saying I owe court fees for September, but the rental agreement does not say we pay for court fees, only a late fee, and I was never... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 16, 2020

You have a right to ask for documentation that supports the claim for court fees. If the rental agent brought a lawsuit against you and did not notify you or you were not served, you should dispute the demand.

1 Answer | Asked in Landlord - Tenant and Small Claims for Virginia on
Q: Can our landlord keep our full security deposit and cite it’s because we broke our lease?

We notified our landlord more than 30 days in advance that our offer was approved on a house and that we would be moving our prior to Oct 1. Our landlord knew months in advance we were house hunting. We asked multiple times what the process was and if we need to find a sublease, were responsible... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 13, 2020

In Virginia, a security deposit in a residential lease is to protect the landlord from any property damages that the tenant has caused to the premises during the term of the lease and such damages are identified in a condition report at the time of the tenant's move-out walk through. There... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: How do I find the Calendar Judge in Hampton, VA?

I have tried every avenue possible from contacting the Sheriff's department, the clerk of courts, e-mailing the DA, e-mailing a judge, and calling a number for the person that sets up court dockets.....

F. Paul Maloof
F. Paul Maloof answered on Oct 7, 2020

My office is in Alexandria, VA and not in Hampton, VA so I regret that I cannot help you. Sorry.

1 Answer | Asked in Civil Litigation, Contracts and Health Care Law for Virginia on
Q: An employee at a pediatrics office copy and pasted my sons Phi into my other Sons new patient account at reg.

Both boys have different last names she assumed information was the same and made my husband his guarantor we've received a bill in my husband's name for my son listed as the guarantor isn't this a major policy breach. Etc. There were some safety concerns for the possibility of what... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 7, 2020

I regret that I do not handle health care law matters. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: If a landlord is given the CDC declaration how can the landlord still evict?

I sent my landlord the CDC declaration on September 6th, I emailed it to him that evening, because it was a holiday weekend, I couldn't mail him one until the 8th of September. He ignored the declaration and filed for the sheriff's to come on the 13th of October and remove me from the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 6, 2020

The CDC Order is clear: No evictions during the current period until December 31, 2020. You may have to ask for an emergency hearing at the Court. Go to the Calendar Control Judge and ask for the emergency hearing.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: My Dad is guarantor. Having issues with roommate. I want to get own apt. Is my Dad obligated to pay if I move out?

Apt only required one guarantor. Roommate stated her Dad would complete another guarantor, but that never happened. I'm afraid if I move out to another apartment within the complex, my roommate will stay and hold my Dad responsible for the remainder of the rent.

F. Paul Maloof
F. Paul Maloof answered on Oct 5, 2020

Generally in Virginia, when a guarantor agrees to sign a guaranty, the guarantor is jointly and severally (individually) liable for the obligations to pay the payments of the lease. It will depend on what is stated in your lease as to the obligations and the liability to pay the debt.

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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Virginia on
Q: How to find an attorney to represent me in a civil case (housing related, I was discriminated as a handicap owner)?

I was a new handicap homeowner in an association in Fairfax County VA. The association began discriminating against me when forced me to disclose that I was a handicap person and for a variety of unlawful reasons denied giving me parking permit so I could not park my car in the subdivision and... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 5, 2020

To find a local attorney for your case, you should call the local Bar Association on the city/county in which you reside. Ask for the lawyer referral service.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can my landlord Air bnb apartments next to me without letting me know, I dont feel safe.

My landlord is Air Bnb'ing Apartments in my Complex out around me, and it was never disclosed to me. I feel very unsafe with everyone having codes coming in and out.

F. Paul Maloof
F. Paul Maloof answered on Oct 5, 2020

Unless it is prohibited by the local zoning laws, generally in Virginia short term rentals, such as an Air BNB rental, are permitted in Virginia. The landlord is not required to notify other tenants in advance of such rentals. You may want to check with the Office of Zoning for the city/county in... Read more »

2 Answers | Asked in Products Liability and Landlord - Tenant for Virginia on
Q: I have evicted a house guest. Can I place their items outside?

I had a house guest that overstayed their welcome. They signed a 30 day eviction notice and left without argument. However, they left items in my house that take up space I need to use. I made arrangements to be home for them to pick up the items and they didn't come. I've given them a... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 4, 2020

A guest who was offered to come to pick up their belongings and did not show up at the appointed time has abandoned their property and the owner of the house/premises can dispose of them as he/she sees fit.

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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for Virginia on
Q: I move out of my unit on 10/18 and my lease ends on 10/31. Do I have to allow access to paint the unit before 10/31?

The owner would not prorate my rent and said it's mine until 10/31. So I said that's fine then I won't return the keys until 10/31, but the owner also wants to paint the unit before 10/31. I know I have to allow the access for showings and maintenance, but do I have to allow painters... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 1, 2020

The answer to your question should be expressed in your lease. Generally in Virginia, a residential lease permits the landlord to have workers, such as painters, access the premises on 24 hour notice to the tenant and for reasonable reasons. It seems that painting the premises would be considered a... Read more »

1 Answer | Asked in Civil Litigation and Consumer Law for Virginia on
Q: Are there any charges I can file against a lawn care provider who hasn't completed the services?

I prepaid for biweekly lawn care 3 weeks ago. He came out the same day and mowed 1/3 of my yard, then claimed his belt broke and he would return the next day. He has never come back, providing a multitude of excuses. I have asked for my money back several times, to which he always says he will be... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 26, 2020

In Virginia, the Office of the Commonwealth Attorney generally files charges in criminal matters, not individuals. With regard to your reported facts, you may have a right to file a civil lawsuit for breach of contract, called a Warrant in Debt, in the General District Court for the county/city in... Read more »

1 Answer | Asked in Civil Litigation for Virginia on
Q: Paying customer at restaurant refused access to bathroom for 5yo because adult didn’t have a mask. They physically blocd

We were eating in their outdoor dining area. My 5 year old said she needed to use the restroom. Got halfway to the bathroom inside when the barkeeper said I had to have a mask on. Customer at the bar didn’t have a mask on. I pointed this fact out, and the barkeeper said he had a drink so he... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 25, 2020

I regret that I do not handle matters where a patron in a restaurant is blocked from the bathroom. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My landlord has made me store everything he owns in his mobile home while I have rented it, refusing to empty it for me

after I asked him to do so in order for me to move my household items in. Does that change anything?

F. Paul Maloof
F. Paul Maloof answered on Sep 25, 2020

Probably does not. Off for the weekend. Good luck.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: So in other words, if I'm late on rent I only have 5 days to pay or I have to move out. Is that correct?
F. Paul Maloof
F. Paul Maloof answered on Sep 25, 2020

It depends on what the landlord does.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I have a month to month agreement with nothing in writing with my landlord and he wants me gone in 2 weeks for unpaid

rent, doesn't he have to give me 21 days to leave, 30 days after a notice? Can he sue without a written agreement?

F. Paul Maloof
F. Paul Maloof answered on Sep 25, 2020

In Virginia, an oral agreement for a month-to-month residential lease is valid and enforceable. To terminate the month-to-month lease, either the landlord or the tenant must give the other a written 30 day notice. However, if the tenant has not paid rent when it is due, the tenant is in breach of... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Question: my lease is currently a month to month lease, can my landlord end my lease right now?

It is my opinion, that the landlord is doing this, because I am behind on my rent, but no notices requesting the rent have been sent to me by the landlord. But either way, Can landlord force me to move out by ending my monthly lease with 30 or 60 days notice? And if I refuse to move, does landlord... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 18, 2020

In Virginia, either the landlord or the tenant has the right to terminate a month-to-month lease by giving the other party a written 30 day notice of the lease's termination. No reason for the termination is needed to be given. If the tenant does not vacate the premises after the lease is... Read more »

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