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Questions Answered by F. Paul Maloof
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My landlord sold the house without telling us and the new owner gave us 30 days to vacate. We was on a month to month

Lease. What can be done? The previous landlord never gave us our copy of the new lease.

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

A buyer who purchases the premises takes the premises subject to the existing lease that was between and among the seller and the tenant. No notice is required under Virginia law for the landlord to give the tenant that the landlord was intending to sell the premises. Since the lease was a... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Live in bldg with 11 other tenants. Maintenance man enters & steals when we're out. Mgmt defended him. Any advice?

I spoke with mgmt last month & was told to invest in security cameras. Most people here are low income & like myself, can't afford to replace items taken, let alone invest in security cameras. Maintenance man is a convicted felon (murder & robbery charges). He has shown up to... Read more »

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

You may want to call the police and make a report.

3 Answers | Asked in Landlord - Tenant for Virginia on
Q: If I need to move back into a property I just rented. Been 6 months, lease is for 12. Can I give a 60 day notice?
F. Paul Maloof
F. Paul Maloof answered on Jan 8, 2021

The answer will depend on what is stated in your lease because this is a question of contract law.

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1 Answer | Asked in Civil Litigation for Virginia on
Q: I filed a civil suit against my ex and won. Am I allowed to charge him interest for being late, and if so how much?

he was already charged 6% interest for 16 days because he failed to take action and did not show up for court. If I can charge him where exactly is that listed I am keeping records of everything.

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

In Virginia, the legal rate of interest on a judgment is 6%. The court should award that interest on your judgment.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: In VA, I have a tenant whose son has moved into her apartment without my permission and I am the building owner.

The son is NOT on the lease, does NOT pay rent, and a number of years ago was evicted from an apartment in the same building. I was not informed that he was coming and, when I realized he was here, I thought he was here only to visit her, but he has not moved on after nearly three months, even... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 5, 2021

The son is not the primary issue. The mother/tenant on the lease is the issue since she is a party to the lease and appears to have committed a breach of the lease. You need to give her notice of the breach and subject her to an Unlawful Detainer. When you send her notice, send it :To Ms. Tenant... Read more »

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: I am a landlord and I do not have a written lease for any tenants am I required to supply them with internet
F. Paul Maloof
F. Paul Maloof answered on Jan 4, 2021

In Virginia, there is no requirement in the Virginia Code that requires that a landlord provide an internet connection to a tenant. Generally, this would be set forth in the written lease but since you have no such written contract, there would be no contractual obligation.

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1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Wife signed a lease for an apartment alone. What do I need to do to get added to the lease to represent both interests?

I pay most of the rent. We allowed family to move in for a 'short time' -- became much longer tho than originally expected. Wife is unwilling to insist they move out. We're retired so are unable to support them (3 relatives -- one is 47 [female] who only works P-T, another 21 [male]... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 3, 2021

To answer your question of what do you have to do to be added to the lease, the answer is you have to make your request to the landlord and ask what is the landlord's requirements to be added to the lease. This is a contract so the contracting parties have to reach a mutual agreement to... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I don't have any written lease do I have to provide internet
F. Paul Maloof
F. Paul Maloof answered on Jan 1, 2021

In Virginia, there is no requirement in the Virginia Code for the tenant to provide internet to the landlord, especially if there is no written lease.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Is my landlord allowed to use a single hot water heater for 2 units?
F. Paul Maloof
F. Paul Maloof answered on Dec 31, 2020

The answer will depend on what the building code requires for the city/county in which the premises is located.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Is a signed w-9 required for judgement in a district court in Virginia to be paid from the losing party?
F. Paul Maloof
F. Paul Maloof answered on Dec 30, 2020

A Form W-9 is a Request for Taxpayer Identification Number. It generally has no requirement to be used in a court proceeding in Virginia, General District Court or Circuit Court. This is an IRS tax form.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Is a "transfer of landlord" clause legally binding?

My lease has a "transfer of landlord" clause that states the landlord can move back into the property with 60 days written notice if they return to the area. I'm fairly certain that the landlord already lives in the area. Can they still enforce the 60 day clause? We are a little... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 29, 2020

Generally in Virginia, if a landlord is outside the area and moves back into the area, and has a move back in clause in the lease, the landlord has a right to move back in to the premises within the time that is stated in the lease.

1 Answer | Asked in Child Support and Civil Litigation for Virginia on
Q: At my last court hearing my arrears were 7177.00 and child support was paid up to current & case dismissed w/o prejudice

If we verbally agreed with witnesses no arrears were owed.. and 5 years later after I got custody back.. can she use dcse to try to obtain arrears.. when the case was never ever thru dcse??

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

I regret that I do not handle child support matters, divorce cases or any domestic relations matters. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord refuse my assigning my lease to a qualified person?

I've been having problems with roof leaks and black mold issues for the past 6 months. The landlord was slow to fix one of the leaks after initially denying there was a leak (he just initially painted over the leak and then it came back a couple of weeks later) and is doing an inadequate... Read more »

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

Generally in Virginia, the assignment or sublease of the lease is subjective and based on the terms of the lease. Most leases contain a provision that states the tenant may assign or sublease the premises, and the landlord shall not unreasonably withhold his/her consent of said assignment or... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Is this clause legal and if yes why “Lease is not governed by the Virginia residential landlord and tenant act”?

We are being forced to move after 6 months of renting and signed a 2 year lease due to a “termination upon sale” clause. I’m scouring the lease for any potential legal action but how do I search if it isn’t covered by VA Code?

F. Paul Maloof
F. Paul Maloof answered on Dec 21, 2020

Generally in Virginia, a new purchaser is required to assume the lease of the prior owner. If there is a provision in the lease that contradicts the Code of Virginia, it is unenforceable. Any lawyer or Judge would have to review the lease to determine its legality. I charge for me my time in such... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My daughter put a security deposit down on a home for rent. They told her it was hers, and pulled all the "For Sale"

signs from the yard. They were set to move in on the 1st. They called and said they sold the house anyway. She has two weeks now till her current lease is up and nowhere to go. They didn't sign any papers for the lease yet. Is there anything that can be done other than just getting her deposit... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 17, 2020

Given the facts your reported, it sounds like your daughter had an "oral" agreement, but it was not reduced to a written and memorialized contract, to assure her rights to the rental. She certainly has a right to the return of the security deposit from the owner. She could bring a... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I lived in an apartment from 2017 - 2018. The AC and heat were broken for over half of my lease.

I was naive and didn't think to withhold rent at the time for the property's management failure to fix these issues that made me have to sleep at other people's homes due to it being so cold or hot. Is it too late to take legal action now?

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

If you intend to file a Tenant's Assertion to terminate the lease and see rent abatement for the lack of the landlord's fixing the AC and heat, it is too late to file a claim.

1 Answer | Asked in Civil Litigation for Virginia on
Q: does a subpoena for all my records means i have to send my evidence to the company lawyer? Small claims court

The Judge told us we could speak to the attorney to try to work out a settlement before our next court date. The attorney asked that we email the photos we have. We did so. I carried a binder in court and in contains photos, inventory of my purchase, dates of communications with furniture store and... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 8, 2020

Unless the documents are privileged such as an attorney work product privilege, the documents that are listed in the subpoena must be turned over to the attorney who subpoenaed them. You may want to hire an attorney for your side of the case.

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Did not give 60 day notice to vacate, but occupancy was only for 51 days?

My roommate and I took over the last 1.5 months of a one year lease. We resided in the apartment for 51 days.

Since moving out on October 31, 2020, the company has continued to charge us rent on a month-to-month basis. The company's reasoning is that we did not submit a 60 day notice... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 8, 2020

In Virginia, when there is a sublease or an assignment of the previous tenant's lease, the sublessee or assignee is bound by the terms of the lease that the original tenant entered into. Based on the reported facts that you reported, it seems that you did not provide the required 60 notice and... Read more »

2 Answers | Asked in Civil Litigation and Criminal Law for Virginia on
Q: Harassment, stalking, and fear for her life. Get another restraining order or do something else...

My best friend was being contacted and followed by a man she waited on a few years ago. We went and got an emergency protective order then followed it up in court to get it extended for a year. It ran out in August of this year and on tuesday of this week the messages started again. What is our... Read more »

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

The facts that you stated relate to a criminal matter. I regret that I do not handle criminal matters and do not handle family law matters either. Sorry.

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1 Answer | Asked in Civil Litigation for Virginia on
Q: Can one have an unlawful detainer expunged from public records? If so how? Roanoke City Gen Dist. Court in 2012
F. Paul Maloof
F. Paul Maloof answered on Nov 30, 2020

Only criminal convictions may be expunged. Civil judgments have to be vacated in Virginia.

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