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Questions Answered by F. Paul Maloof

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: The current tenant is threatening to report a Fair Housing Law because we did not renew the contract demanding a reason

The lease terms end May 31 - this tenant requested an emotional support animal for her daughter who is autistic AFTER 3 weeks of moving in, never informed us before the move in date. We have been flexible, accommodated requests including to extend till June 9 and she is debating now after she has... Read more »

F. Paul Maloof answered on May 23, 2019

I think the law in Virginia does not require a Landlord to provide the Tenant with a reason for denying a renewal of a residential lease. I am not familiar, however, with the provisions of the Fair Housing Act to provide you with an answer as to whether or not there would be a claim of... Read more »

1 Answer | Asked in Civil Litigation for Virginia on

Q: Good morning, What are the right to an individual who has a suspended license? Sincere.

F. Paul Maloof answered on May 19, 2019

I do not practice driver license law. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: I gave a 45 day warning I wanted to terminate the sublease and the sub landlord did not find a replacement for my room.

I moved out April 27th and my lease ends in August. Turns out she moved a guy in calling him a “guest” but he payed prorated rent for the month. This is a violation of the master lease. I informed the actual house owner and he also said that it was a violation but said he can’t do anything... Read more »

F. Paul Maloof answered on May 19, 2019

Without reading and analyzing the lease, I cannot answer your question.

2 Answers | Asked in Landlord - Tenant for Virginia on

Q: In rental 7yrs no late no behind. The carpet wasn't new, house not newly painted. Can I be charged for either.

F. Paul Maloof answered on May 19, 2019

Generally, the lease provides "normal wear and tear excepted" and that means that over a 7 year lease period, the rug should not be replaced and the premises should not be repainted at tenant's expense.

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1 Answer | Asked in Landlord - Tenant for Virginia on

Q: I have a 12 mo lease which provides both tenant and landlord must provide 60 days notice for termination of lease.

I only received 30 days notice. I informed LL that I will renew lease at same rent as LL failed to give me 60 notice. Then they offered a lower increase despite lack of 60 day notice to me. Please advise. My email is sratliff111@gmail.com . Thanks

F. Paul Maloof answered on May 15, 2019

The provisions that are in your lease are binding on landlord and tenant. Those provisions prevail in your situation.

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: Can a landlord revoke a notice to vacate?

My sister and I provided a 60-day notice to vacate as required by our binding lease. About a month later, I inquired about the requirements to transfer instead, but I never signed anything binding me to the transfer. I never signed a new lease, and I was not notified that asking about the transfer... Read more »

F. Paul Maloof answered on May 15, 2019

Your simple "inquiry" does not revoke or rescind your notice to vacate. You must challenge the landlord's action in court.

2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on

Q: Section 13 of lease agreement: "Liability of Landlord/Agent." Prospective tenant has crossed out two lines. Bad for me?

My prospective tenant has crossed out these two lines in Sec. 13 of standard lease agreement (VR Form 200, revised 7/18) : "Landlord and Agent shall not be liable for negligence or tort" and "Tenant hereby release landlord and agent from any and all liability and agrees to indemnify landlord and... Read more »

F. Paul Maloof answered on May 14, 2019

By agreeing to those strike outs, the landlord will be exposed to additional liability. You should not agree to those strike outs.

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1 Answer | Asked in Civil Litigation for Virginia on

Q: After a defendant has been notified that he or she is being sued, what is the next step in the process of litigation!

F. Paul Maloof answered on May 14, 2019

The next step is to appear in court on the first return date and answer the questions that the judge asks you.

2 Answers | Asked in Landlord - Tenant for Virginia on

Q: Can a LL evict me if I have recently become disabled? Not sure I can pay rent on time.

F. Paul Maloof answered on May 12, 2019

I regret but your disability is not a defense to your obligation to pay rent to the landlord. If a judge awards possession to the landlord, then the landlord will have the right to evict you from the premises.

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2 Answers | Asked in Landlord - Tenant for Virginia on

Q: The Redemption Law of Virginia will not be on our side?

F. Paul Maloof answered on May 12, 2019

Without reviewing the factual basis of your matter, I cannot answer the question. Sorry.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on

Q: Why wouldn't a landlord dismiss the court case if all rent and additional fees and charges are paid in advance

Before the first court date of a unlawful detainer?

F. Paul Maloof answered on May 11, 2019

The landlord would not dismiss the case because the landlord still wants the return of possession of the property from the tenant and can only get this by a judge who orders it.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on

Q: If you are issued a unlawful detainer and the court date is may 31, will the unlawful detainer be stopped

If all rent that is due , paid before the court date?

F. Paul Maloof answered on May 10, 2019

Generally, if the tenant pays all the back rent (and other costs and late fees) before the unlawful detainer's first court date and the tenant gets a written agreement with the landlord that the landlord will dismiss the case, then the unlawful detainer will stop. Otherwise, the unlawful detainer... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: My former landlord is trying to sue me for damages I did not do. The judge ordered him to provide a bill or particulars

My former landlord is trying to sue me for damages I did not do. The judge ordered him to provide a bill or particulars by May 3rd and I have until the 24th to reply. I got a letter in the mail yesterday and the only thing written on the bill is I caused damage to the property in the amount he is... Read more »

F. Paul Maloof answered on May 7, 2019

The judge ordered the landlord to file a "Bill of Particulars" which is a statement of the specifics or particulars of his claims against you for the damages. You probably were ordered to file an "Answer and Grounds of Defense" which is a statement as to the reasons you deny the landlord's claims... Read more »

3 Answers | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Civil Litigation for Virginia on

Q: would i be responsible for closing cost if my ex is refinancing to get my name removed. not lived there for over a year

We bought a home together a year ago, and I moved out after splitting 4 months after we purchased. I signed a written agreement that was notarized I wasn't responsible for mortgage / bills after i parted ways. She is keeping the house and I want to clear my name from the deed/Note. Is she liable to... Read more »

F. Paul Maloof answered on May 5, 2019

Based on my experience, unless you are one of the parties who is the borrower of the refinancing, you are not obligated to pay for any closing costs.

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1 Answer | Asked in Landlord - Tenant for Virginia on

Q: Can my landlord keep part of my security deposit for cleaning?

I was shown my apartment and signed a month to month lease 6 days before I moved in on the commencement date of the 1st. When I was shown the apartment it was not cleaned yet from the prior tenant and needed to be cleaned badly. The landlords agent assured me the apartment would be cleaned and... Read more »

F. Paul Maloof answered on May 3, 2019

Every time a tenant looks at an apartment before actually moving in to the premises, the tenant should require that the landlord prepare a condition report and both the landlord and the tenant sign it so that there is evidence of the cleanliness or uncleanliness of and items that need repairs at... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: Can a landlord make you pay rent in advance?

Here’s the situation: over a year ago my new landlord agreed to knock $100 of the rent if I paid 6 months in advance, but it was suppose to continue at the same discounted price after the 6 months were up. He tried to say they I had to pay up 6 months, again. I refused to give the 6 months but I... Read more »

F. Paul Maloof answered on May 1, 2019

Payment of rent in advance is acceptable if the lease contract provides for that and the parties agree to it. You should have contacted the Office of Housing Code Enforcement for the county or city where you lived when the compressor went bad and made a formal written complaint about the lack of... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: While living at this apartment complex. Landlord shares personal info with the 2 workers.They tell other tenants

This has turned into untrue gossip. Also landlord allows drug use. I'm disabled an need grab bars they have put only 1 in out of 3 that's needed. Landlord comes in apartment on anybody's word. Last week I did not answer door for someone because I was sick. The landlord comes in no knock an says... Read more »

F. Paul Maloof answered on Apr 28, 2019

The situation that you described is very unfortunate but I do not see a question that you posed. Nevertheless, you can call the Office of Housing Code Enforcement in the county or city where you are living and make a formal complaint.

2 Answers | Asked in Personal Injury for Virginia on

Q: My lawyer told me not to sue the YMCA for negligence, even though my daughter was sexually battered by a Counselor.

He said no lawyer would sue the YMCA. This incident caused me emotional trauma for which I am still being treated ( complex ptsd). The assault was 10 years ago. Can the statute of limitations be tolled for my ptsd?

F. Paul Maloof answered on Apr 25, 2019

I do not handle personal injury cases. Sorry.

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1 Answer | Asked in Civil Litigation for Virginia on

Q: If a judge doesn't suspended one's license in court and I get a letter from DMV stating they're suspended is that right

For the case date as the suspension

F. Paul Maloof answered on Apr 22, 2019

I do not handle traffic court cases. Sorry.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Virginia on

Q: does a Virginia annual lease revert to month to month at the end of its last renewal term if the tenant holds over?

My renewal clause: 4. Renewal: Tenant may renew this Lease for one (1) successive period herein referred to as the “Renewal Term" of one (1) year, if at all, by giving written notice of such renewal at least sixty (60) days prior to the expiration of the initial term. Said renewal to be upon... Read more »

F. Paul Maloof answered on Apr 22, 2019

Based on your lease contract, tenant has a right to renew for another 1 year term if tenant gives landlord written notice at least 60 days before the end of the lease term. If no such notice is given by the tenant, the lease converts into a month-to-month lease by operation of law.

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