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Questions Answered by F. Paul Maloof

1 Answer | Asked in Civil Litigation for Virginia on

Q: My daughters car is in her boyfriends name. She is the only driver & pays all payments & insurance. Her legal rights?

He has never denied this is her car & her financial responsibility. He does not drive the car. She has made all payments and it’s on her insurance. If they split, what are, if any, her legal rights to this car?

F. Paul Maloof answered on Aug 17, 2019

I do not handle motor vehicle law cases. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on

Q: Is there a law against eavesdropping by means of spying apps, (none spouse) in Virginia?

F. Paul Maloof answered on Aug 15, 2019

I do not handle that type of case. sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: Tenant neglect caused mold and water damage. How do I calculate a deposit amount if any should be returned?

Mold caused by not opening vents under house. We had to remove, clean and replace main floor. Water damage on multiple ceilings from overflowing toilet and shower water leak

F. Paul Maloof answered on Aug 15, 2019

Under Virginia law, the Landlord is required to provide an itemized statement of damages that will be deducted from the security deposit to the Tenant within 30 days after the possession of the Premises is returned to the Landlord. There is no specific form for such a statement. If you are... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: [VA] Landlord renewed lease, despite me indicating I would not be staying months prior to the end of the lease

I recently moved out of a place I was renting, the lease ending on 7/31/19. My former housemate is staying at the place. On 3/21/19 I responded to a text from her asking if I was planning on staying indicating that I would not be. There is an auto-renewal clause in the lease, stating that it would... Read more »

F. Paul Maloof answered on Aug 12, 2019

Under the laws of Virginia, automatic renewal clauses in residential leases are legal as a contractual term and condition of the lease agreement. It sounds like there is a question of fact regarding whether the 60 day non-renewal notice was properly given as you and the landlord are disputing this... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Virginia on

Q: Family land since 1800’s in Surry Va. Want to stop unlawful sale.

What can we do to stop sell of land. Heirs do not want to sell our land but the court is trying to force. All taxes are paid every year and we have roughly 45 acres. Heirs never had a dispute but courts seems to think so. How can we stop a sale we never asked for

F. Paul Maloof answered on Aug 11, 2019

Appeal the court's decision and ask for a stay of the order to sell.

2 Answers | Asked in Federal Crimes and Civil Litigation for Virginia on

Q: Why can I not get any attorney to help a friend who as been sexually abused in federal prison by a member of staff ???

No attorney will take the case they won’t even look into it! All remedies filed up to DC. Bivens filled now waiting defendants to be served. We have substantial evidence the member of staff was dismissed due to misconduct. My friend desperately needs help to bring this lawsuit to court. None of... Read more »

F. Paul Maloof answered on Aug 8, 2019

I regret that I do not handle criminal law or sexual abuse cases. Sorry.

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1 Answer | Asked in Consumer Law and Civil Litigation for Virginia on

Q: On July 29th I had a vehicle towed from in front of a service station and placed in storage.

On August 1, I went to recover my vehicle and was charged 475.00. There was an issue later that day in recovering my vehicle, the individual picking it up was late arriving to the garage, even though the operator was still there, he refused pickup on my vehicle. On August 6 I again made... Read more »

F. Paul Maloof answered on Aug 6, 2019

I do not handle vehicle towing cases. Sorry.

1 Answer | Asked in Consumer Law and Civil Litigation for Virginia on

Q: My vehicle was towed prior to 5:00pm from a service station parking lot on Monday. I went to pay recovery fee on Thurs.

August 1 and was charged $475.00 . Is this excessive for the commonwealth of Virginia. Upon questioning the company owner about the charges his reply was “Because I can!!!”

F. Paul Maloof answered on Aug 6, 2019

I do not handle car towing cases. Sorry.

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: I want to do the exit inspection on the day my lease ends. My landlord wants me to come back a week later. Seems illegal

F. Paul Maloof answered on Aug 6, 2019

That is not illegal but is very unusual. The condition of the premises one week after you move out may be very different than the condition of the premises on the day you move out. To protect yourself, you should take photos of the entire premises on the day you move out and make sure the photos... Read more »

1 Answer | Asked in Civil Litigation for Virginia on

Q: I had a civil judgement against me that I paid, how do i get the court to reflect this if the debtor is out of business?

I made monthly payments for 2 years that I can prove, but then I was offered a payoff price and used a money order and no longer have the receipt

F. Paul Maloof answered on Aug 3, 2019

If the judgment was entered by the General District Court, there is a standard form on that court's webpage that you can fill in, print off and file with the court to request the judgment be marked "paid and satisfied." If you cannot find the form, call the clerk's office of that court for the... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on

Q: My landlord is asking for rent early. Its due on 1st latest the 5th. Can he legally do this?

He's leaving the country for vacation, and can't deposit the check after the 29th.

F. Paul Maloof answered on Jul 30, 2019

If your lease states that rent is due on the first of the month, that is the day you are required to pay the rent. This sounds like a reasonable request for an accommodation by the landlord and is not really a question that the law in Virginia will provide a specific answer.

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1 Answer | Asked in Landlord - Tenant for Virginia on

Q: Can I landlord take money out of your deposit for a broken garbage disposal they originally paid to fix?

After it broke, they paid for the plumber and bought a new one to replace the broken one with no mention of us having to pay later.

F. Paul Maloof answered on Jul 28, 2019

It depends on what the lease provides. If the lease does not address this issue, generally in Virginia, a landlord cannot apply repair expenses against the security deposit.

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: Hi, I live in Va and have been evicted, i have through Monday to move out, and see comments for more on question. Thanks

I woke up this morning to a big dumpster at door where I have to load furniture from, I called them and asked to move it over at least but no response, and by court papers I have until Monday. So is this legal what they did?

F. Paul Maloof answered on Jul 21, 2019

Under virginia laws, an eviction is an order of the court. To have that order stopped, you need to go back to the court that issued that order to ask it be dissolved.

2 Answers | Asked in Landlord - Tenant for Virginia on

Q: We rent in The state of VA and our AC has been out for 2 weeks in the middle of a heat index of 110 degrees. We pur

We purchased With our own money a portable unit for our bedroom and an window unit that have been on constantly for 2 weeks. We’ve spent close to $600 and have yet to receive our electricity bill. Our landlord lives in another state and had someone for her home warranty come out and give an... Read more »

F. Paul Maloof answered on Jul 20, 2019

In Virginia, the proper procedure to take is to call the Office of Housing Code Enforcement for the county or city where you live in that Premises and make a formal complaint.

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2 Answers | Asked in Landlord - Tenant for Virginia on

Q: Okay long story short. I signed a year lease last year in August. My one year lease is up August 17th my wife and I got

A house on base which is 15 miles away. I gave a proper 32 day notice stating we was gonna fulfill our lease but not resign. Apparently they said they needed a 60 day notice. Not sure what I can do so I’m not charged the month to month rate fee in September. On base housing takes away my Basic... Read more »

F. Paul Maloof answered on Jul 18, 2019

You may have rights under the Soldiers and Sailors Relief Act, if you are active duty. You should look up that Act online and see what rights you have.

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1 Answer | Asked in Landlord - Tenant for Virginia on

Q: Need help on getting my security deposit which is unfairly held by my landlord.

We moved into a 17 year old house and only lived in it for a year. The landlord during the move out inspection told us about cleaning issues and carpet issues which we addressed by hiring her cleaners and carpet repairers and now she is claiming that we damaged the wood floors and emailed us that... Read more »

F. Paul Maloof answered on Jul 18, 2019

Under Virginia law, you will have to file a lawsuit against the landlord for your claims about the unneeded repairs and the failure of the landlord to return your security deposit.

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: The owner of my apartment is putting my child in danger because our porch. I want to sue the owner. How can I do that?

Building inspector will not pass inspection on the porch. I've had the code inspector out here every day since June 1St. This has been in court since April and my 2 year old has already fell threw the wooden slats on the side of the porch.

F. Paul Maloof answered on Jul 17, 2019

The factual posture of your matter is not a simple matter. In order to sue the owner, you will be best served to hire an attorney in the jurisdiction where you reside. You may want to call the Bar Association for that jurisdiction and ask for a referral of an attorney for the type of case you are... Read more »

1 Answer | Asked in Civil Litigation for Virginia on

Q: My ex and i signed a one year lease to rent a house. I have two kids and things got extremely hostile. I told him he ha

To leave. My landlord refused to release either of us from the lease in case the house was abandoned. I worked 2 jobs and paid by myself. I filed a civil case with the signed lease and bank records to prove payment of rent. Should i provide anything else to fight for half of what i paid?

F. Paul Maloof answered on Jul 16, 2019

Under the laws in Virgjnia, the landlord is not obligated to release either co-tenant based on a domestic relations dispute. Both tenant are jointly and severally liable for the rent.

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: Can I stop an eviction from happening? My lease is up at the end of the month.

All rent is current and I have been unable to stay at the residence due to work being done because the water heater burst on the 3rd. I live in Virginia Beach.

F. Paul Maloof answered on Jul 10, 2019

You can stop the eviction by a written agreement with the landlord. If you need an Attorney to write up the agreement, contact me.

2 Answers | Asked in Landlord - Tenant for Virginia on

Q: With no written notice from the new owners, do I have to vacate by that date?

It was added to the contract that I would be allowed to stay until mid-July, which I was just shown on July 7th via email. Previously the old owners had asked if I could be out by mid-July. I had replied that I would try but I would need to secure a new place, which has been difficult. I have had... Read more »

F. Paul Maloof answered on Jul 10, 2019

Without the proper written notice from the current owner or a written agreement that you signed stating you agreed to move out, the new owner has not terminated the month-to-month tenancy according to the laws of Virginia. You may need to hire an attorney to represent you in this matter.

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