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Questions Answered by Steven Krieger
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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2 Answers | Asked in Civil Litigation for Virginia on
Q: I would like to file a setting aside default judgment to Arlington court and need to hire an attorney
Steven Krieger
Steven Krieger answered on Aug 24, 2020

Sure. Feel free to give us a call and we'll try to be helpful.

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: How to remove tenants who have been previously evicted

Previous tenants have been evicted approximately 2 years ago by landlord. Without landlords permission tenants moved back into home with current tenants in June 2019. What rights does the landlord have and what steps need to be taken to remove unwanted guest/tenants in home who cause a disturbance... Read more »

Steven Krieger
Steven Krieger answered on Aug 21, 2020

Unfortunately, I think you'll have to evict the former tenants again unless the current tenants cure the default by having the former tenants at the property. If the current tenants cannot or will not sure the defect, then you'll likely have to evict them too (or the cycle will just... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Hello, I was served a non compliance order. I'm letting my son stay here off lease. Flcan I be evicted

During the president's executive order.

The none compliance order isn't properly dated nor signed.

Steven Krieger
Steven Krieger answered on Aug 21, 2020

Unfortunately, yes. The Governor's order only applies to non-payment of rent evictions, so you could be evicted for other reasons. But, it's still a court process and will take time.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can my boss take my rent out of my paycheck to give to my landlord when they have nothing to do with eachother?

Landlord went down to my job and asked my boss to take my rent out of my check! Isn't that against the law

There's no contracts or anything between the two of them..they don't even know eachother!

Steven Krieger
Steven Krieger answered on Aug 18, 2020

No, your boss has no obligation or responsibility to give your wages to your employer. If that happens, you could sue your boss for unpaid wages since you never got the funds. If you decide to retain an attorney, I'm sure anyone who responds would be happy to help. Good luck.

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3 Answers | Asked in Landlord - Tenant for Virginia on
Q: I want to sell my rental; my month 2 month tenant has been paying on time w/o any issues. Can I give them 30 day notice?

My tenants have been living in the home since 2013. My husband and I are trying to relocate to help my Mom out in Alabama. I need to sell the rental. With the Cares Act, can I give my current tenants 30 days notice so I can make changes to the house and get it on the market?

Steven Krieger
Steven Krieger answered on Aug 8, 2020

Yes, if you give 30 days notice, you should be able to evict if the tenant doesn't leave pursuant to the notice. I'm sure anyone who respond would be happy to help if you decide to hire a lawyer to assist with the eviction process. Good luck.

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can my landlord make me pay a deposit for repairs and then take forever to make repairs?

I rent a townhouse which our A/C broke. Last year our landlord purchased a home warranty which requires a $100 deposit for each situation something needs to get fixed. They have us pay that deposit, even if it’s not our fault. They’re reasoning is they pay the premium so we pay the deposit.... Read more »

Steven Krieger
Steven Krieger answered on Aug 3, 2020

Unless your lease requires it, you're not responsible for the $100. Also, if a court would view lack of AC as a threat your health and/or safety, you can give notice to landlord, wait 14 days, and if the repair is not done and less than $1500 you can hire the contractor and deduct the amount... Read more »

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1 Answer | Asked in Landlord - Tenant for District of Columbia on
Q: Since of COVID, does my landlord have to require me to disinfect the property when I move out?
Steven Krieger
Steven Krieger answered on Jul 29, 2020

You have the same obligations to clean the property pursuant to your lease, but the landlord cannot require to do anything additional.

2 Answers | Asked in Libel & Slander, Personal Injury and Real Estate Law for Virginia on
Q: What signage is required for an HOA to have your car towed?
Steven Krieger
Steven Krieger answered on Jul 29, 2020

Possibly none. It depends on what the bylaws say, where the vehicle was parked, and if you're an owner, resident, or guest. Good luck.

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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for District of Columbia on
Q: Upstairs apartment leaked human wastewater into my apartment kitchen. What is my landlord's responsibility?

I have asked for a plumber - they are using a jack of all trades. I have asked to move into another empty unit, with the move fee waived - denied. I have asked for alternative accommodations until the repair and clean up is completed - denied. I have asked for a break in the rent, since the... Read more »

Steven Krieger
Steven Krieger answered on Jul 27, 2020

In DC, you're able to withhold rent for housing code violations and wastewater coming into your unit seems to qualify. The landlord may take you to court and you'd have to explain the housing code violation, but this is a viable remedy for you.

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