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Questions Answered by Steven Krieger
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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1 Answer | Asked in Contracts for District of Columbia on
Q: i have a default judgement in washington dc, over ten years old. what is the statue of limitations?
Steven Krieger
Steven Krieger answered on Feb 16, 2021

12 years to enforce the judgment. See this code section: https://code.dccouncil.us/dc/council/code/sections/15-101.html

Hope that helps.

Steven

3 Answers | Asked in Products Liability, Real Estate Law and Landlord - Tenant for Virginia on
Q: I bought a place, rented it for a few months, lease is up, she is late but won't go. I need to move in my place

I bought a place but was renting and couldn't get out of my lease so rented for a few months with a lease. I had her lease end when my lease is up so i could move into the place i bought.

She won't leave and is always late with rent, What can i do? I have no where to live as... Read more »

Steven Krieger
Steven Krieger answered on Jan 27, 2021

If the lease is up, you can provide a notice to terminate the month to month tenancy even if the tenant doesn't want to leave. If the lease is not up, then you're a bit stuck. I'm sure anyone who responds would be happy to help you sort out the details if you decide to hire a lawyer. Good luck!

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: We gave the tenants 30 day vacate notice in July.

We gave the tenants 30 day vacate notice in July. They stopped paying rent since. We filed non-rent payment with the court and obtained the judgment and possession of the house in October. However we couldn’t evict them since they provided the CDC declaration. They just paid their December... Read more »

Steven Krieger
Steven Krieger answered on Jan 22, 2021

Yes. You may have to give another 30 day notice, but the moratorium does not apply to leases that have ended. If you decide to hire a lawyer, I'm sure anyone who responds would be happy to help.

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3 Answers | Asked in Landlord - Tenant for Virginia on
Q: I gave 45 days notice to terminate a month to month lease so I can move back in. Is tenant protected under moratorium?

The month-to-month lease they signed states I must give at least 30 days notice - i gave 45. I need to move back into my house. Tenant now (30 days after notification) states they are protected under Federal COVID eviction moratorium and will not leave. Is this true? They are willing to pay another... Read more »

Steven Krieger
Steven Krieger answered on Jan 18, 2021

The moratorium is related to evictions for non-payment of rent, so you should be able to proceed with an eviction to terminate a month to month tenancy. 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 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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