Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Steven Krieger
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.

View More Answers

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 »

View More Answers

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.

View More Answers

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.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can a tenant legally pro-rate their own rent when they decide to leave earlier than expected?

My current tenants gave me notice on July 18, 2020 that they would be moving August 15th. They originally were set to leave December 2020. Because they are leaving mid-month, they are refusing to pay the full amount of rent. They are saying they will pay half or they will require access to the... Read more »

Steven Krieger
Steven Krieger answered on Jul 26, 2020

If this is the initial lease term, the 60 day notice likely refers to notice required prior to the end of the lease term - not notice at any point during the lease term. Without seeing your lease, my guess is that the tenants are not able to break the lease and if they refuse to allow you access... Read more »

View More Answers

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Virginia on
Q: Can I seal or expunge an eviction record in Virginia pursuant to § 19.2-392.2

The case did not result in an eviction nor a collection

Steven Krieger
Steven Krieger answered on Jul 20, 2020

You can't expunge the eviction, but you may be able to seal or vacate it if you file a motion with the court. I'm sure anyone who responds would be happy to help you decide to hire an attorney. Good luck.

View More Answers

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: My lease expires 9.30.2020. I received a notice last week from my landlord that he will not be renewing the rental.

My landlord wants to sell his home. I have not missed one month of any rental payments and financially and personally, i am not ready to move. My landlord no longer returns my calls, emails or text. Is there any rule that will allow me to stay here at least six more months, pay my monthly rental... Read more »

Steven Krieger
Steven Krieger answered on Jul 18, 2020

Unfortunately, not. If you don't vacate at the end of the lease term, the landlord could start the eviction process, which could buy you another month or two, but you would ultimately get evicted. Sorry, I don't have better news for you, but if you decide to hire an attorney, I'm... Read more »

View More Answers

2 Answers | Asked in Business Law and Civil Litigation for Virginia on
Q: our partner who was running business took unilateral decisions with our knowledge and incurring huge loss to us

penalties form from franchise & Credit Card Debts

Steven Krieger
Steven Krieger answered on Jul 15, 2020

If you had a partnership agreement and the partners were not following the proper procedures or the bylaws or otherwise acting outside of the partner's authority then you may have a claim against the partner, but without reviewing the documents and getting more details, it's hard to say... Read more »

View More Answers

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord evict with reservation twice?

I had an eviction in March, paid it before the court date, the landlord said it was an "eviction with reservations", never gave me paperwork. I found out because I fell behind due to the pandemic, he then file the eviction. He went completely through with the eviction, I paid that in full... Read more »

Steven Krieger
Steven Krieger answered on Jul 14, 2020

If you were fully caught up, there is no "reservations." You fully redeemed the property, but if you fall behind again, then the landlord could issue you a new default notice and file for eviction. If you decide to hire an attorney to help, I'm sure anyone would responds would be... Read more »

View More Answers

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: If a landlord accepted rent after an eviction can he still evict?

If a landlord started an eviction in March 10, 2020, accepted payment from you for the months of March, April, & May but, you went able to pay in June, can he evict you because of March?

Steven Krieger
Steven Krieger answered on Jul 12, 2020

Yes, but a new notice would have to be issued if you were able to fully catch-up. If you need to hire a lawyer, I'm sure anyone who responds would be happy to help. Good luck.

View More Answers

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: If you were given a lease that has someone else's name on it, is the landlord able to evict you?

My landlord gave me a lease to sign with someone else's name in it and put my name on the last page of the lease. Is that an actual lease between he and I?

Steven Krieger
Steven Krieger answered on Jul 12, 2020

If you signed the lease and lived at the property, I suspect the court will enforce the document even if your name is not printed on the first page.

View More Answers

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: If the landlord knew you had 3 pets when you moved in can he make you move 6 months into the lease?

I signed a lease in January 2020. My landlord knew that I have 3 pets. June 2020 he tells me the HOA only allows 2 pets and I have to get rid of one or only take 2 out at a time but under no circumstance am I to let the HOA know that I have 3 pets still or I will be evicted. Is that legal in... Read more »

Steven Krieger
Steven Krieger answered on Jul 12, 2020

If your lease allows you to have 3 pets, then the landlord may be in violation of the HOA bylaws, but unless the bylaws are incorporated into the lease such that you have to follow them as well, you may not be in violation of the lease, so the landlord would not be able to evict you.

View More Answers

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: I was charged a fee with no prior disclosure of the amount or that I would incur that fee. Month to month -$250 a month.

This has been resolved

Steven Krieger
Steven Krieger answered on Jul 8, 2020

If there was no mention of a month to month fee in the lease, then the landlord cannot unilaterally decide to assess a fee to you simply because the lease term expired.

View More Answers

1 Answer | Asked in Civil Litigation and Civil Rights for District of Columbia on
Q: Is a law firm responsible and liable for their attorney's misconduct?

I hired a lawyer that can practice in DC, however, his firm is based in Atlanta, Georgia. This lawyer lied, filed documents without my consent, and disappeared by not responding to emails and text messages, etc. and my case was just dismissed due to his erratic behavior.

I reached out to... Read more »

Steven Krieger
Steven Krieger answered on Jul 2, 2020

It sound like you may have a legal malpractice claim against the firm. Without more details, it's hard to provide more information, but it's certainly worth exploring and I'm sure anyone who responds would be happy to help if you decide to engage an attorney. Good luck.

1 Answer | Asked in Divorce, Family Law and Libel & Slander for Virginia on
Q: My parents are going through a divorce and my mom is making false financial abuse claims against my father.

No

Steven Krieger
Steven Krieger answered on Jun 30, 2020

You have no responsibility to do anything. While your parents divorce certainly impacts you, you do not have any legal responsibility to do anything or be involved. If you WANT to be involved that's a different story and you could be involved as much or as little as you feel comfortable with,... Read more »

3 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can a Landlord Lock a commercial tenant out without notice
Steven Krieger
Steven Krieger answered on Jun 30, 2020

It really depends on your lease terms, but it certainly could be legal, but it's not always legal. If you need to hire an attorney to assist, I'm sure anyone who responds would be happy to help.

View More Answers

1 Answer | Asked in Civil Litigation for Virginia on
Q: He is renting basement apartment, been very rude, threatening past month.
Steven Krieger
Steven Krieger answered on Jun 29, 2020

Of course, it's your choice whether or not to hire a lawyer, but we've (most likely) handled many more evictions, so if you can afford a lawyer, it'll save you the hassle and headache. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck!

2 Answers | Asked in Civil Litigation for Virginia on
Q: Is it best to get lawyer to remove tenant trespassing without lease, or not?

Lease expired over year ago, he has been late multiple times, now is not paying rent past month, harassing us. Saying he will turn power off, water, block driveway.

Steven Krieger
Steven Krieger answered on Jun 29, 2020

Of course, it's your choice whether or not to hire a lawyer, but we've (most likely) handled many more evictions, so if you can afford a lawyer, it'll save you the hassle and headache. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck!

View More Answers

2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on
Q: My notice wasnt written so charging me 2 months rent. Is this legal?

Roughly 4-6 months ago I made an in person appointment to talk about the lease date and to tell them we were leaving on the lease date. Now we are just leaving and they are saying that we didnt provide a written notice, so they are charging me a "fee" equal to 2 months rent($3000) and... Read more »

Steven Krieger
Steven Krieger answered on Jun 29, 2020

It depends on what your lease says and if you can prove that the landlord had actual notice. If the lease requires written notice and you only gave verbal, the court may hold you liable, but if you can prove that the landlord had actual notice (a confirmation via text or email or something... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.