Questions Answered by F. Paul Maloof

Q: I'm requesting referral to appropriate lawyer based on type of case.

1 Answer | Asked in Consumer Law and Civil Litigation for Virginia on
Answered on Jan 16, 2019
F. Paul Maloof's answer
Contact the Commonwealth Attorney for the jurisdiction in which the business is located and make a formal complaint.

Q: I am renting a condo and my landlord is being sued for HOA fees. I have a Garnishment Summons on door. What do I do?

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Jan 15, 2019
F. Paul Maloof's answer
I am not sure without seeing the Summons, but I think that the garnishment summons is ordering you to pay over your rent to the Court. You should call the clerk of the court and ask what you should do.

Q: Tenant owes several months rent. Sent letter, he needs to make full payment in 30 days. Can I send 5 day notice now

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Jan 14, 2019
F. Paul Maloof's answer
On the day after the tenant has not paid the rent for the month, you can send the tenant a 5 day notice to pay or quit.

Q: How to get a Peace bond/ order against a nuisance neignbor in Fairfax County, VA?

1 Answer | Asked in Civil Litigation for Virginia on
Answered on Jan 13, 2019
F. Paul Maloof's answer
I regret that I do not hand peace bond matters. Sorry.

Q: How much notice do landlords have to give tenets in the event of selling or foreclosure?

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Jan 11, 2019
F. Paul Maloof's answer
Generally, that type of notice is contained in a provision of the lease.

Q: How long is the unlawful detainer process against a family member, in Virgia Beach?

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Jan 9, 2019
F. Paul Maloof's answer
My office is in Alexandria City. I have no experience with Virginia Beach. Sorry.

Q: Can I kick my adult son , his girlfriend and her kids out of my house. They were supposed to leave before Jan 1

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Jan 9, 2019
F. Paul Maloof's answer
Generally, family members are not considered tenants, however, if you want to make them vacate the premises, you will have to proceed with the requirements for an unlawful detainer in court since self-help, such as refusing the use of the washer and the kitchen, is prohibited in residential lease matters in Virginia.

Q: Can a former landlord sue for damages if he didn't notify as per required under the contract, hence then there are none?

2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Virginia on
Answered on Jan 9, 2019
F. Paul Maloof's answer
It sounds like the landlord breached the contract by not allowing you a walk through and not providing you with an accounting/itemization of the damages to the premises within 30 days after you returned possession of the premises to the landlord. You can makes these claims in small claims court. The landlord will be required to make any and all counterclaims at that proceeding or any other claims will be deemed adjudicated.

Q: Corporate officer and the ability to represent the corporation in Kentucky.

1 Answer | Asked in Civil Litigation for Virginia on
Answered on Jan 8, 2019
F. Paul Maloof's answer
I am not admitted to the Bar in Kentucky and have no idea what its laws provide on the matter you indicated. Sorry.

Q: Received summons for unlawful detainer.Plaintiff decided to ask the judge to dismiss the case.do i need appear on date

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Jan 8, 2019
F. Paul Maloof's answer
To be safe, I would appear at court to make certain the case is dismissed.

Q: Can a tow company keep your semi after tow bill was payed?

1 Answer | Asked in Civil Litigation for Virginia on
Answered on Jan 7, 2019
F. Paul Maloof's answer
I do not handle tow truck cases. Sorry.

Q: I have 2, 40 yr old people calling me names and posting about me on Facebook and giving me threats can i file harassment

1 Answer | Asked in Civil Litigation for Virginia on
Answered on Jan 4, 2019
F. Paul Maloof's answer
Based on your age of 14, you are considered a minor who does not, in the eyes in the Virginia law, to have capacity to bring a suit in Court in Virginia.

Q: Can a landlord tell you that you have 8 days to put utility bills in your name after that was the initial agreement

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Jan 3, 2019
F. Paul Maloof's answer
Generaly in Virginia, if your residential lease states that the utility will be kept in the landlord's name and the tenant will pay the bills, the landlord is bound by that provision. It can only be modified by a written amendment to the lease that is signed by both the landlord and the tenant.

Q: What are my options? How can I pursue contempt of court for non payment of child support?

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Collections for Virginia on
Answered on Jan 2, 2019
F. Paul Maloof's answer
I do not handle child support matters, such as yours. Sorry.

Q: My landlord is renting an illegal basement and he is trying to make us pay another month and keep our deposit. Can he?

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Dec 28, 2018
F. Paul Maloof's answer
You can certainly sue him for back rent but the question is whether you will be successful in court on your claim. You should work with your attorney on the claim.

Q: Q: Can a jointly and severally liable clause be applied to me if a prior renter defaulted before I joined?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Dec 26, 2018
F. Paul Maloof's answer
It depends on how the lease is written, but if you replaced the other person, who may be held liable for the default.

Q: Can I be charged for items being renovated if the apt plans to use the old items (carpers, cabinets) in another apt?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Dec 26, 2018
F. Paul Maloof's answer
I have never heard of a landlord or landlord representative removing carpeting from one rental unit, reinstalling it in another unit and charging the tenant for the unusable carpeting. Generally, carpeting is a depreciable asset and the landlord is not entitled to charge the tenant for replacing the carpeting that was in the rental unit. You have a right to challenge the landlord for this type of charge. You should read your lease very carefully as it may provide that the landlord is...

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