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Questions Answered by Mr. Andrew T. Bodoh
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I have to break my lease, but my landlord is requiring me to pay rent until he finds a tenant. Is this legal?

I'm moving for work, and my roommate doesn't want to move out of the apartment. The landlord told me that I'm required to pay rent until he finds a suitable tenant. How do I know he'll try to find someone ASAP? Does the new tenant have to be ok'd by the landlord and my roommate?

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Aug 30, 2014

Your rights depend largely on the language of the lease. Consider getting a copy and consulting with an attorney.

1 Answer | Asked in Elder Law for Virginia on
Q: If the owner of a home is in a nursing home, can someone sell the home? Or can the nursing home take it for payment?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Aug 30, 2014

One would likely need a valid power of attorney or the power of acting as a conservator to do so.

1 Answer | Asked in Construction Law for Virginia on
Q: I hire an architect to provide drawings for build out and he put on the drawing that 2hr firewalls already exist. wrong

That was wrong firewalls did not exist. based on that it never csme up during construct and the walls are up and ceiling closed with city's approval. Now the city is saying no more inspections until firewalls are in place. Requires tear down painted and finished walls and erect new walls. Who... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Aug 9, 2014

More information would be necessary to answer this, including an expert architect who will say it was negligent of the first architect and it caused you damages.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can't agree on offer

House is owned tenants in common. It's been on the market for 18 mos. recently got an offer below ask price, but $40k above what's owed on it. I want to take the offer as I'm the one paying for all the upkeep. The other party is paying half the mortgage, but nothing else, but... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Aug 2, 2014

You may have some options, but they may not be good options. There is a court action whereby you can attempt to split the property into tow parcels. If you are taking care of the upkeep, you may have a claim against the tenant in common for the cost and labor you put in to the upkeep. These can be... View More

1 Answer | Asked in Bankruptcy for Virginia on
Q: How long can a company keep an over due bill before turning into collection can they turn it over 10 years later
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Aug 2, 2014

A company can keep an overdue bill on its books as long as it wants and turn it over to collections whenever. That being said, if the company or the collections agency attempt to bring you to court on the debt more than five years after it was due (or three years in some cases), the debtor will... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: if landlord terminates lease early does tenant still have to pay remander of lease
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Aug 2, 2014

That depends on the terms of the lease agreement and on the reason, if any, for the termination of the lease.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Is a lot survey required for the purchase/sale of a single family residence?

Portsmouth, VA

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jul 24, 2014

Generally it is not required, but it is often recommended.

2 Answers | Asked in Real Estate Law for Virginia on
Q: i was in contract to sell my home when it burned down. Can the buyers sue me to rebuild ??

i was in contract to sell my home when 1 week after signing the contract the house burned down, which i suffered a complete loss. Can the buyers sue me to rebuild the house even if i dont want to rebuild. ?? Yes i have insurance and a mortgage.

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jul 24, 2014

That depends largely on what the contract ways to cover this situation.

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1 Answer | Asked in Family Law for Virginia on
Q: Father has dementia and the siblings cannot agree. As the oldest lineal descendant do I have the right to decide?

I found my father after 30 years to find that he has been neglected by his family, my siblings. I am the oldest and I want to take over his care. What are my legal rights? I live in Florida and he lives in Virginia.

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jul 23, 2014

The oldest lineal descendant does not have a right by virtue of that qualification alone to decide about the care of a parent.

1 Answer | Asked in Estate Planning for Virginia on
Q: If an immediate family member, has substantial debt at the time of his demise, would the surviving parents be liable?

Son is single, has a dependent child. My wife believes we will be liable for his debt. I was informed a parent or sibling is not liable? Is this true.

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jul 23, 2014

Generally, no. Unless the parents agreed to be responsible, only the child's property could be used to satisfy the debt.

1 Answer | Asked in Car Accidents for Virginia on
Q: other driver did not put on his signal before attempting to pass

insurance company has assigned our daughter fault for an accident in which she was driving on a one lane road, signaled to turn left, slowed but did not stop before changing signal to turn right, began turn into apartment complex and was hit by a car trying to pass on right. Even though it is... View More

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jul 23, 2014

You may not have a reason to fight this. If it is your daughter's insurance company that made the determination, that means that the insurance will be doing what it is suppose to do - insuring the driver/owner of the vehicle. Your daughter may have rights to sue the other driver for any... View More

1 Answer | Asked in Collections for Virginia on
Q: I recently won a reduced amount civil judgment against a collection agency, but they have decided to appeal.

can I counter sue during the appeal, and if so, on what grounds?

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jul 23, 2014

If you won a judgment giving you a right to get money from them, then there should be no need to counter sue on appeal. If the judgment went against you, the issue is more complicated. You should contact an attorney for a full evaluation of your rights.

1 Answer | Asked in Foreclosure for Virginia on
Q: HOW CAN I FIND WHO BOUGHT MY HOME IN A FORCLOSER SALE
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jul 22, 2014

Every county or city Circuit Court records the sale of real estate. You can often search their tax records online.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Does Virginia law require a seller to notify a potential buyer about any liens? or prior to a sale but before closing?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jul 22, 2014

Generally, looking for recorded liens is the purpose of the title search.

1 Answer | Asked in Tax Law for Virginia on
Q: I purchased a home at a tax auction. Can I legally get rid of all contents inside that belonged to previous owner?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jul 22, 2014

Probably, but it may depend on details related to how the person lost the home and when they left the home. This link may help: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC55000000011000010000000.

1 Answer | Asked in Collections for Virginia on
Q: I have a court date for a judgement on a credit bill I cannot afford to pay. I have heard that a credit company can garn

ish wages or put a lein on our home. My question is can the credit card company take our home? its in both of our names and we always pay our mortgage on time.

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jul 22, 2014

You questions is, as I understand it, whether a company with a judgment against you can at some point force the sale of your home. The answer is maybe. If the judgment is against you alone and you and your spouse own the home as "tenants by the entireties" (a legal status for owning real... View More

1 Answer | Asked in Employment Law for Virginia on
Q: How do I sue for not being paid for work done on a job?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on May 24, 2013

This depends on several factors - e.g., whether you were a contractor or an employee, the amount you are owed, etc.

1 Answer | Asked in Employment Law for Virginia on
Q: I was injured at work and I ended up with rotator cuff surgery in my right shoulder, am I entitled to get my full salary?

What about pain and suffering?

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on May 24, 2013

This depends in part on the reasons and causes of your injury. You may not be entitled to full pay under workers comp, but you may have a claim that will allow you to cover the remainder of your salary.

1 Answer | Asked in Car Accidents for Virginia on
Q: I WAS A PASSENGER IN A AUTO ACCIDENT AND SUSTAIN SERIOUS INJURIES. WHEN I SUE WHOS NAME SHOULD APPEAR ON THE COMPLAINT.
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on May 24, 2013

This question is more complicated than one might think. First there is a question as to which driver caused the accident, or if both drivers caused the accident. It also depends on whether there may be other underinsured or uninsured motorists policies that may come into play. You would want to... View More

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