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Questions Answered by Steven Krieger
2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can the co-deed holder to my home evict me? Both our names are on the deed.
Steven Krieger
Steven Krieger answered on Jul 22, 2021

No. If you're an owner, the co-owner cannot evict you (and you cannot evict the co-owner either). If you decide to hire an attorney to assist, I'm sure anyone who responds would be happy to help.

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1 Answer | Asked in Landlord - Tenant for District of Columbia on
Q: Do I need to wait until moratorium ends on July 26 to file for eviction of holdover tenants?

The DC gov. have had 2 extensions on moratoriums and I have notified my tenant twice in writing to vacate at end of lease on July 1,2021

Steven Krieger
Steven Krieger answered on Jul 19, 2021

Yes. If you try to provide notice or file with the court before the moratorium ends, the court will either reject the filing now or reject it later. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Contracts for Virginia on
Q: In Virginia we were awarded a judgement by the court The order does not show interest. Does it still collect interest
Steven Krieger
Steven Krieger answered on Jul 14, 2021

Yes, by statute, you are entitled to 6% from judgment date. If you need help with the collection process, I'm sure anyone who responds would be happy to help. Good luck.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: I live in Virginia and I want to evict someone from my house. They have no lease agreement and do not pay rent.
Steven Krieger
Steven Krieger answered on Jul 9, 2021

Arguably, no notice is required if there was never a tenancy created, but to be safe, you could give a 30 day notice and then if they don't leave, you could file with the court. The eviction process is a bit complicated due to covid, so if you decide to hire a lawyer, I'm sure anyone who... Read more »

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2 Answers | Asked in Contracts and Civil Litigation for Virginia on
Q: What steps should I take involving a leased car that has not been paid for, and purchaser is keeping car from me?

Sold a car to a former coworker in January 2021. A written agreement was signed stating she would make monthly payments until paid in full, and if she did not pay we would be picking up the car. She has not paid in 4 months, and she will not tell me where the car is located so we can pick it up. So... Read more »

Steven Krieger
Steven Krieger answered on Jul 7, 2021

You should send the purchaser a letter or simply file a lawsuit for breach of the agreement. If you decide to hire a lawyer, I'm sure anyone who responds would be happy to help. Good luck.

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1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: I signed a lease that was then signed and executed by the landlord. 8 days later the landlord informed me that the

previous tenant was on a month to month lease and had decided to not vacate, and was not planning to vacate anytime soon. They said the apartment is no longer available. I believe this is a violation of Virginia State Statute 55.1-1238 of the Virginia Residential Landlord and Tenant Act for failure... Read more »

Steven Krieger
Steven Krieger answered on Jul 3, 2021

Yes, you are correct. The question for you is whether you are trying to terminate the agreement or enforce the agreement, so you can take possession. If you decide to hire a lawyer, I'm sure anyone who responds would be happy to help. Good luck.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: How do I go about evicting a tenant that has not paid rent in 2 months
Steven Krieger
Steven Krieger answered on Jun 30, 2021

You have to provide notice and then give them a chance to cure by paying. If they don't and if they don't apply for rental assistance then you can file with the court. I'd strongly encourage you to hire a lawyer to assist with the eviction process because it has been more difficult... Read more »

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Rental property is saying we are rent responsible until a new tenant moves in? is this legal?

My fiancé & I moved out of the apartment we shared with his mother a year ago, we put our notice in & were notified that we would not be removed from the lease until his mother showed proof of income to sign her own lease so she went on a month to month because she was still making... Read more »

Steven Krieger
Steven Krieger answered on Jun 9, 2021

If the lease had converted to a month-to-month, then the notice should be enough to terminate and you would not be responsible until another tenant is found. Some leases auto-renew, so perhaps that's what the landlord is claiming, but otherwise you should not be responsible provided your... Read more »

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2 Answers | Asked in Real Estate Law and Civil Litigation for Virginia on
Q: Would I be eligible to countersue for falsification of signatures on the purchase of a house

I bought a house with my partner (we are not married). She and I ended up separating.

I found out that she falsified signatures in the purchase of our house in 2018. Furthermore, in 2017 she left the property and did not pay any of the mortgages. Since that period I've made... Read more »

Steven Krieger
Steven Krieger answered on Jun 3, 2021

If you're both on the deed, you should get half. Perhaps there is an argument for reimbursement based on your expenditures, but that will depend on the specific details of your case. If you decide to hire a lawyer, I'm sure anyone who responds would be happy to help. Good luck.

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1 Answer | Asked in Contracts, Criminal Law, Internet Law and Juvenile Law for Virginia on
Q: Can they take my daughter or me to jail for fraud

My daughter had an Instagram (made her delete it) she’s 16 and wants to become a model. Someone approached her saying they were a company, everything was pretty suspicious from what i saw. She said she was interested and filled out a form asking about measurements, phone number, address, model... Read more »

Steven Krieger
Steven Krieger answered on Jun 1, 2021

A contract with a minor is usually unenforceable and it doesn't seem like a criminal violation if they gave her the money (as opposed to her stealing the money). If she's contacted by law enforcement, reach out to a lawyer ASAP. I'm sure anyone who responds would be happy to help. Good luck.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My landlord texted me saying they are putting the house I rent up for sale. I am on HUD

I am on disability. I have anxiety and a son with special needs and don't leave the house due to covid. My landlord wants to list the house on the market and my lease is up AUG 31st. I'm worried about people coming into my home with covid it makes my anxiety worst and also my son with... Read more »

Steven Krieger
Steven Krieger answered on May 16, 2021

The first place to start is your lease agreement. Some leases have provisions that allow landlords access for showings within a certain number of days from the end of the lease. But if your lease does not permit showings or access for this purpose, then you do not need to permit the showings.... Read more »

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Landlord sent certified letter saying she sold the property and wants us to move out. Am only 1 1/2 years into 3yr lease

Is this legal? Especially with covid?

Steven Krieger
Steven Krieger answered on Apr 28, 2021

Selling a property is not a reason to terminate a lease unless there is a specific provision in the lease agreement, so I don't believe you have to leave. If you want to leave early, it sounds like the landlord is willing to agree to a release and maybe even pay you to leave, but if you want... Read more »

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for Virginia on
Q: Can I kick out a person renting a room from my home? No contract, violent tendencies, attempted suicide, current on ren
Steven Krieger
Steven Krieger answered on Apr 6, 2021

Unfortunately, not. You can give notice and end the month to month tenancy and then file for eviction with the courts, but you can't simply change the locks. If you decide to hire a lawyer to help, I'm sure anyone who responds would be happy to help. Good luck.

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can my landlord hold me responsible for paying rent until a replacement tenant is found?

specifically, asking after a fixed term lease is up, not when leaving a lease early.

Steven Krieger
Steven Krieger answered on Mar 29, 2021

No, if your lease ends, your obligation to pay rent ends too -- assuming you gave proper notice to end the lease if that's required.

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Person was evicted from my home but he has given all of his property to his girlfriend living with me. What can I do?

This man was just evicted from my home but he left all of his belongings with his girlfriend who still lives as my house. She states I can't get rid of it though because it now belongs to her. These belongings now take up 3 of my rooms and I can't take it anymore. Please help!

Steven Krieger
Steven Krieger answered on Mar 8, 2021

If you're not able to resolve the issue with the girlfriend or former tenant, you may have to evict the girlfriend as well. I'm sure anyone who responds would be happy to help. Good luck.

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: What are my rights for peaceful enjoyment in VA in regards to the amount of parting at my apt complex?

I live at an apartment complex and every weekend the amount of partying is unimaginable. Sometimes our building will shake, you can hear the music from three buildings over, people ring our doorbell and our neighbors throughout the night, people are yelling in the courtyard, and more. We have even... Read more »

Steven Krieger
Steven Krieger answered on Mar 7, 2021

You'd have to give your landlord a 21/30 notice to remediate the violations and if the violations continue after the 21 day period then you could terminate on day 30. If you go this route, I'd suggest you hire an attorney to draft the notice and I'm sure anyone who responds would be... Read more »

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1 Answer | Asked in Contracts for Virginia on
Q: If a company does not complete a job within the specified timeframe does that constitute a breach of contract?

I placed 50% deposit almost 6 months ago. Would I be responsible for the remainder of the job is not completed by the deadline?

Steven Krieger
Steven Krieger answered on Mar 6, 2021

It really depends on the specifics of the job and the terms of contract. If the contractor is 1 day late that probably would not be a basis to cancel the entire contract unless there was very specific language in the agreement. You should have an attorney review the agreement with you and I'm... Read more »

1 Answer | Asked in Consumer Law for Virginia on
Q: I bought a warranty w/my car 2yrs ago,I tried today to use it,but it wasnt sent in. I was scammed/faked what can I do?

I was sold a cilajet warranty with my car. I called to make a claim and the company says it was never submitted by the dealer. The dealership had no contracts with the company that they sold me the warranty for. Im paying on the warranty for nothing. I have the original contract. The manager... Read more »

Steven Krieger
Steven Krieger answered on Mar 4, 2021

You should sue the dealership for the cost of the warranty you "bought" and the cost of the repairs you're going to make that would have been covered under the warranty. You certainly have a breach of contract claim and possibly a fraud claim. If you decide to hire a lawyer, I'm... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Hi, Homeowner here. I rented a room with a lease that states it's a 3 month minimum/based month to month/share space.

I gave the person a 30 day notice to vacate and now that person has stated that they're not leaving. What are my options for having them removed? It's a simple lease with the basic message that terms are based on a month to month sign agreement. Also, in the 30 day notice I mentioned... Read more »

Steven Krieger
Steven Krieger answered on Mar 2, 2021

You'd have to evict the person if they do not vacate at the end of the 30 day period. The police will not likely do anything in a landlord-tenant dispute. If you decide to hire a lawyer to help, I'm sure anyone who responds would be happy to help with the eviction. Good luck.

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Hello I am wondering what my tenant rights are I haven’t had heat for 3 weeks landlord has yet to fix the problem

The emergency heat temp hasn’t exceeded 58 degrees during one of the coldest months and has left me no choice but to have to seek a new living arrangement

Steven Krieger
Steven Krieger answered on Feb 28, 2021

You have a reasonable argument that you have been constructively evicted -- essentially forced to leave the property due to the conditions. I say reasonable b/c 58 degrees is some heat, but obviously not an ideal amount. If you can document the lack of heat and corresponding temperatures, in case... Read more »

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