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Questions Answered by F. Paul Maloof
1 Answer | Asked in Civil Litigation, Contracts and Intellectual Property for Virginia on
Q: I am the real inventor of web cam covers for portable devices

I have a application on file and willing to name a co inventor for help with this huge law suit. Has to be a nice person and a patent litigation attorney. I'm truly the real inventor I proved that december 3rd 2019 my name begins with a c. This can be not only a big opportunity for me but a co... Read more »

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

I regret that I am neither a parent litigation attorney nor an investor in such patents or inventions. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can my landlord legally tell me that I can’t raise the thermostat past 66 degrees?

Utilities are included in my rent.

F. Paul Maloof
F. Paul Maloof answered on Jan 24, 2020

The answer to your question depends on whose name the utilities are in. If the name of the tenant, then the tenant controls what the temperature should be set at.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I rent 1 bedroom in a 3 bedroom house. Can my landlord allow an additional person to live in our living room?

——

F. Paul Maloof
F. Paul Maloof answered on Jan 24, 2020

The answer to your question depends on what is stated in your month-to-month lease. If it is a written lease, there should be a provisions that states what "exclusive use" you have compared to the other tenants to the premises. If it is silent, you do not have any "exclusive use" to any part of the... Read more »

1 Answer | Asked in Consumer Law and Civil Litigation for Virginia on
Q: If a car dealer sold a car with a warranty and didn't provide details or contract are they liable for non covered repair

The buyers guide has as is checked but also says Integrity Warranty Services 3month/3000 miles. The dealer told us at the time of purchase it is a powertrain warranty and "if it has gas, grease or fluids it's covered" They did not explain any details or limitations or provide a copy of the... Read more »

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

I regret that I do not handle car warranty matters. You should call the Virginia Attorney General's office, consumer division and make a formal complaint.

1 Answer | Asked in Small Claims, Real Estate Law and Landlord - Tenant for Virginia on
Q: Can you send a warrant in debt to place of employment if you don't have a forwarding address for someone that has moved
F. Paul Maloof
F. Paul Maloof answered on Jan 20, 2020

Generally in Virginia, a Warrant in Debt is served by the Sheriff or a Deputy Sheriff on the Defendant at that person's place of residence, however, it is possible to file a Motion based on good cause shown to request a judge to give permission for the Warrant in Debt to be served at the... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Virginia on
Q: Can text messages be binding as proof and used in court?
F. Paul Maloof
F. Paul Maloof answered on Jan 20, 2020

Subject to the procedural and substantive rules of evidence that are followed in Court, it is possible that text messages will be admissible evidence in a trial in Virginia.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Virginia on
Q: A roommate,not on a lease,2 & a half months late on rent, moved out, refuses to pay. Can they be taken to court to pay

They moved in feb. Chased rent a few times. Late Sept they contacted landlord stating they would pay an extra 50 for being late on oct rent. They Contacted again in late oct goin to be late nov. But in nov made a partial payment for oct. Still no payment for nov. With promise to pay dec 21st.... Read more »

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

The claim is for money owed. You can file a civil Warrant in Debt in the jurisdiction in which the premises is located and against the person who owes the money. Your hurdle may be to find the former roommates since the Court requires that person be served in order for the Curt to have jurisdiction... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Signing a fixed-term lease on house. In VA, can new landlord add a clause--if it sells new owner can give 60 day notice?

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 »

F. Paul Maloof
F. Paul Maloof answered on Jan 15, 2020

Assiming you have a written residential lease in place, and if your question is whether a new title owner of the Property is entitled to unilaterally change the terms of your lease with the previous title owner, the answer is no. A residential lease can only be changed or modified by mutual... Read more »

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1 Answer | Asked in Child Support, Civil Litigation and Family Law for Virginia on
Q: Is there a 10 year statute o limitations in Virginia on interest that was added to a child support case in 1994?

Child will be 26 yrs old in Nov 2020 and in the military. There is only $350 left to pay on arrears but $19,000 in interest.

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

I regret that I do not handle domestic relations cases. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: If I have given my ex 5 written certified mail 30 day notices and he refuses to leave.

How long after I file the unlawful detainer will he have to get out. He has no lease,month to month, 3 police reports for violence, conviction for disorderly conduct and he is running my bills up on purpose. He's loud, drunk, and crazy. I want him out as fast as I can get him out. Will he get... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 10, 2020

In order to have your ex-spouse ordered to leave the premises, you must have a court order. You can file an Unlawful Detainer, have it served on him and then ask a judge to enter an Order for Possession.

1 Answer | Asked in Family Law for Virginia on
Q: I am not on the birth certificate and they still trying to make me pay child support. By law that’s not right
F. Paul Maloof
F. Paul Maloof answered on Jan 10, 2020

I do not handle domestic relations or child support matters. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What can be done when a landlord's failure to maintain fit premises ends up costing you money?

After moving into an apartment in Arlington, VA in December, my girlfriend and I indicated an air spillage issue that was occurring in the master bedroom in our move-in inspection. Maintenance came and confirmed the leak but failed to follow up. We recently put in another maintenance order to get... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 9, 2020

You can call the Office of Housing Code Enforcement for Arlington County and make a complaint. An inspector should come to inspect the housing problem. They may issue a Notice of Violation to the Landlord. You can also tell the Landlord that you will file a Tenant's Assertion and ask for a rent... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Virginia on
Q: Why is commander in chief important, why should it be an important role of the president?
F. Paul Maloof
F. Paul Maloof answered on Jan 8, 2020

The U.S. Constitution provides for it.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Hello, I know it is kinda random but I wanted to know if a school can be sued for not closing on a snowy day.

Say a kid is walking to school and slips and breaks a bone, or a car looses control and hits a kid or a bus full of kids?

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

I regret that I do not handle school closing matters. Sorry.

2 Answers | Asked in Civil Litigation for Virginia on
Q: Do heirs have the right to contest the valuation of assests in an estate in Virginia?

Father died intestate in VA, heirs are wife and two children from previous marriage. Wife is personal representative of estate. Father had large collection of vintage musical instruments (personal property) and over the last 4 years they have been appraised and sold. Two children did not agree to... Read more »

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

If you are listed as an Heir at Law in the Estate, you have a right to receive an accounting from the Personal Representative of the Estate and have a right to contest the accounting as well as the conduct of the Personal Representative.

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I get out of a sublease if I was approved based on a job offer letter, but the job is now unavailable?

I signed a sublease after graduation because I got a job offer, but later the job became unavailable and I was only approved for the apartment based on the fact that I would be getting the income from this potential job. Should I be able to get out of this sublease situation if I do not have this... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 3, 2020

You will need to bring these facts to the Landlord's attention and ask for a release of the lease.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can my ex try to sue me if he doesn’t pay all of his part that we agreed upon for the rent and is now requesting half?

I just moved out of my apartment with my ex due to him being violent. He got mad and is now saying that I half to pay half the rent or we will get evicted and he will sue me. We agreed that he pay $1000 and I’d pay $400. I have text messages of him stating that he would give me the $1000 for the... Read more »

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

If you and your ex-spouse are both designated as tenants on the lease, you are probably jointly and severally liable for the payment of all of the rent. If the landlord files an unlawful detainer for unpaid rent, either you or your ex-spouse can join the other tenant by a cross claim for... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My landlord still has not fixed my toilet and it's been a week

It's been a week I have filled out a ticket online to let them know it is broke and have heard nothing back I also have tryed calling many times but no one ever answers how can I get them to fix this

F. Paul Maloof
F. Paul Maloof answered on Dec 31, 2019

It sounds like you have done everything you are required to do to have the problem fixed. Short of filing a lawsuit to ask the court to abate your rent, think there is little else you can do.

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Virginia on
Q: Would reporting gross incompetence of a company to news outlets outlets be covered under whistleblower
F. Paul Maloof
F. Paul Maloof answered on Dec 29, 2019

I regret that I do not handle whistleblower matters. Sorry.

2 Answers | Asked in Personal Injury, Appeals / Appellate Law and Car Accidents for Virginia on
Q: Is it hard to find a lawyer to assist me with a discovery rule case? What if my providers aren’t listening?

I was involved in a car accident back in February 2017. My symptoms started much later. I started receiving the help I needed, lawyers will not help me because the statute of limitation was too close. I decided to move forward on my own and they denied my claim 2 months later. Which fell after the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 29, 2019

I regret that I do not handle personal injury matters or car accident cases. Sorry.

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