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Questions Answered by Steven Krieger
1 Answer | Asked in Libel & Slander for Virginia on
Q: Can I sue a reporter or television station for slander?

I was a victim of slander on a national news television program by falsely being labeled as a member of a hate group. Due to this rhetoric, I’m fearful that my family and I may be targeted and im also concerned for the potential affects this may cause with my place of employment. *Possibly class... Read more »

Steven Krieger
Steven Krieger answered on Jan 14, 2021

Possibly. The media has more protection as it relates to defamation than a private individual, but if you could prove the statement was said with malice then you'd have a claim. This probably wouldn't be a class action type case, unfortunately. I'm sure anyone who responds would be... Read more »

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?
Steven Krieger
Steven Krieger answered on Jan 8, 2021

If your lease allows you to terminate the tenancy with 60 days notice if you move back then this is an option, but if this provision is not in the lease, then you may not be able to simply terminate. If you decide to hire a lawyer to review your lease or assist, I'm sure anyone who responds... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Mr. Krieger-I appreciate your quick response but wonder if you might clarify a statement you made?

In your response, you state "but you do have to go through the court process and the moratorium does not apply in this case". Do you mean I would need to get an Unlawful Detainer to remove the son who is living there illegally? Many thanks for your invaluable assistance!

Steven Krieger
Steven Krieger answered on Jan 5, 2021

Correct -- for the son and/or the mother.

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 »

Steven Krieger
Steven Krieger answered on Jan 4, 2021

The son doesn't appear to have any tenancy rights, so notice is not required to evict him (but notice would be required before you could evict mom), but you do have to go through the court process (and the moratorium does not apply in this case). Hope this helps and I'm sure anyone who... Read more »

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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 »

Steven Krieger
Steven Krieger answered on Dec 4, 2020

Do both. Report it to the police and then file for another protective order. If you decide to hire an attorney, 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: 60 day notice to break lease fees.

Virginia - I gave 60+day notice to vacate in August to break lease. Paid both September and October, so that I would not have to pay the large fees at end of October, which was the end of 60 days. Should I have paid another two 2 months?

Steven Krieger
Steven Krieger answered on Nov 14, 2020

It really depends on the language of your lease. If you paid for 60 days and vacated, then you shouldn't have to pay an additional 60 days, but again, it really depends on what your lease says. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My landlord wants to break the lease and wants me out in 30 days. Do I have to? Fairfax County, VA

My landlord got upset because my parents came to stay temporarily. The lease says not more than 2 weeks. It’s day #1 and she gave me 30 days to leave. My lease doesn’t end till 3/2022.

I have an emotional support animal and my parents have 1 ESA too. When my parents leave at the end... Read more »

Steven Krieger
Steven Krieger answered on Oct 31, 2020

There's no such thing as a 30 day notice to leave. The landlord has to give you a chance to correct the alleged violation and then if the violation is not corrected, the landlord could start an eviction proceeding with the court. While having more occupants than permitted could be viewed as a... Read more »

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2 Answers | Asked in Intellectual Property and Landlord - Tenant for Virginia on
Q: I inherited a property used as a rental property but now need it as my primary residence, how do I get the tenants out?
Steven Krieger
Steven Krieger answered on Oct 30, 2020

In VA, you cannot evict for personal use, so you may have to wait until the lease expires unless the tenant is in default of some provision. If there is no lease or it already expired, then you could provide notice and initiate the eviction proceeding. I'm sure anyone who responds would be... Read more »

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1 Answer | Asked in Business Law, Contracts and Employment Law for Virginia on
Q: Contract Law question. My contract says that I have to give four (4) months advance notice to quit the job.

I am working in a privately owned medical field. And the owner of the practice put that I have to give 4months advance notice in order to quit.

I believe it is too long to find another job in that time period. I have other positions available that are looking for my job right now.... Read more »

Steven Krieger
Steven Krieger answered on Oct 28, 2020

I don't think 4 months is really enforceable, but it really depends on the language in the contract and how it's spelled out and if there are any details about damages. You may want to have an attorney review that provision for you. Good luck.

1 Answer | Asked in Contracts, Employment Law, Civil Rights and Employment Discrimination for Virginia on
Q: I am trying to find some clarity on a specific scenario regarding Liquidated Damages Provisions under Virginia law.

My girlfriend is an RN registered nurse working for an agency (based in Ohio) which helped bring/organise her path to USA and set her up with a job. The contract has tied her into a 3 year term of which she has completed 1 year already. The problem is the job is way too much for her mentally and... Read more »

Steven Krieger
Steven Krieger answered on Oct 7, 2020

I don't think this is enforceable simply if your girlfriend quits. However, sometimes liquidated damages provisions are enforced if a non-solicitation or non-compete provision is breached. I'm sure anyone who responds would be happy to help if you decide to retain an attorney. Good luck.

1 Answer | Asked in Consumer Law, Contracts and Copyright for Virginia on
Q: jewelry store knowingly sold me a fake rolex.

Purchased a preowned Rolex from an established online jewelry store. What are my rights?

Steven Krieger
Steven Krieger answered on Oct 6, 2020

You could sue them for a violation of the VA Consumer Protection Act, but you'd need to have someone testify that the watch is a fake. You'd be able to recover the amount you paid, reasonable attorney's fees, and possibly treble damages if you can prove that the store knew the watch... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: My Dad is guarantor. Having issues with roommate. I want to get own apt. Is my Dad obligated to pay if I move out?

Apt only required one guarantor. Roommate stated her Dad would complete another guarantor, but that never happened. I'm afraid if I move out to another apartment within the complex, my roommate will stay and hold my Dad responsible for the remainder of the rent.

Steven Krieger
Steven Krieger answered on Oct 5, 2020

Yes, more than likely your dad could be held responsible if you vacate without a release from the landlord. I'm sure anyone who responds would be happy to help if you decide to hire an attorney. Good luck!

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1 Answer | Asked in Consumer Law for Virginia on
Q: If someone was giving a personal loan for $100,000 from a friend in writing 16 years ago is there any legal recourse?
Steven Krieger
Steven Krieger answered on Oct 3, 2020

It depends on whether there were any subsequent affirmations and/or payments on the loan and when the loan was supposed to be paid back. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Libel & Slander for Virginia on
Q: Can I sue for defamation?

A coworker has falsely accused me of having sexual relations with a married coworker at work. This coworker went to administration and told human relations. These accusations are false.

Steven Krieger
Steven Krieger answered on Sep 17, 2020

Yes. You need to find out what was said specifically to HR, but if it's as black and white as you described, then I think you would have a viable. If you decide to hire an attorney, I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Collections for Virginia on
Q: If my bank sells my credit card account debt, which has been closed to a collection agency in Michigan,

can they legally contact a law firm in my state Virginia and bring a lawsuit against me for payment?

Steven Krieger
Steven Krieger answered on Sep 9, 2020

If you're residing in VA, then a lawsuit could be filed against you in Virginia. The logic is that it's more convenient for defendants to defend any claim in the location where they are residing than if the creditor would have filed suit against you where the debt originated (and make you... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My landlord is evicting me because I cannot afford rent due to covid-19, am I covered under Trump's new law.

I cleaned homes for a living and and unable to work because of the virus and not being able to go into people's homes for my safety and my family safety my landlord is trying to evict me due to not being able to pay and he has also denied taking rental assistance from step Incorporated. I have... Read more »

Steven Krieger
Steven Krieger answered on Sep 9, 2020

The landlord will be able to take you to court and get a judgment for possession and unpaid rent against you, but the landlord will not be able to get the final step complete (the actual lock-change/removal) while the judicial emergency exists, which was recently extended to October 11 (and could... Read more »

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: During covid 19 pandemic in virginia can my landlord raise my rent? I am on a month to month lease
Steven Krieger
Steven Krieger answered on Sep 6, 2020

The landlord cannot simply raise the rent, but since you're on a month to month lease, the landlord could evict you with proper notice if you're unable to agree on a new lease and the corresponding terms.

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can my landlord non-renew my lease and evict my family during COVID? I am on the housing choice voucher and pay on time

I am in Virginia and unemployed but I pay my portion of rent on time with my unemployment and the Federal Housing Choice Voucher pays . The landlord is listing the house for sell and the Realtor said she will conduct open houses and have buyers come into the house whenever they want. I am high... Read more »

Steven Krieger
Steven Krieger answered on Sep 6, 2020

You probably will not be able to prevent an eviction, but you can slow down the process and you're not required to allow access whenever the landlord or their agent wants to show the property to prospective buyers. All that being said, the moratorium is only for non-payment of rent evictions... Read more »

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: How do I go about selling a property with tenants?

I recently acquired a property that belonged to my father, who passed away. The property had an additional home that has tenants in it. there is however no rental/lease agreement or rental history in place. I have notified them with intent to sell giving a 30 day notice and offering a cash for... Read more »

Steven Krieger
Steven Krieger answered on Sep 4, 2020

You're free to sell. The question for you is whether you want to retain an attorney to evict the tenants before the sale or let the new owner deal with the tenants. You'll likely get more in the sale if the property is vacant, but it's really your decision. I'm sure anyone who... Read more »

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2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Landlord is selling house 1 month into year-long lease due to city zoning issues. Not letting us out of lease. Recourse?

One month into our lease, my two siblings and I (all college students) have been notified that the landlord is going to sell the house. Classes started today (8/24) and if we need to move we ought to move now before the house sells at some point in the semester. We were told if we did that we would... Read more »

Steven Krieger
Steven Krieger answered on Aug 24, 2020

You don't have to leave because the property is being sold, but the city may not allow you to stay if the property has more people living there than is permissible based on the zoning ordinance. If you decide to hire an attorney, I'm sure anyone who responds would be happy to help.

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