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Questions Answered by Steven Krieger
2 Answers | Asked in Civil Litigation and Landlord - Tenant for Virginia on
Q: How to vacate a judgement in circuit court in Virginia as I was not served
Steven Krieger
Steven Krieger
answered on Aug 25, 2021

You'd need to tile a motion to vacate for lack of service and explain why the alleged service was insufficient. 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 tenants lease expired last year in Virginia, so now month to month. I wish to sell the house and have given her a 45

Day vacate notice so I can renovate to eventually sell. Is this legal with current COVID guidelines?

Steven Krieger
Steven Krieger
answered on Aug 21, 2021

Selling is not a basis to evict, but the expiration of the lease is a valid basis to evict in VA. If you decide to hire a lawyer to assist with the eviction, I'm sure anyone who responds would be happy to help. Good luck.

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1 Answer | Asked in Contracts for Virginia on
Q: As an event vendor, can I cancel a contract if I issue a full refund of the deposit that was made to hold their date?

Can I cancel said event if they were late are their second payment and I have reminded them 4 times when it was due? Do I need to give a reason on why I will no longer provide services for them? I want to cancel the contract but I have every intention of still refunding the non refundable retainer... View More

Steven Krieger
Steven Krieger
answered on Aug 14, 2021

Probably. As long as the customer can find another vendor in time, the customer probably won't care, but you should certainly get a waiver/release agreement in place in exchange for the refund. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Landlord in VA. Tenants signed 12 month lease & stopped paying rent. Utilities are In my name. Can I shut off internet?
Steven Krieger
Steven Krieger
answered on Aug 7, 2021

It depends on whether the judge views the internet as a utility. Certainly, you cannot shut off water, gas, electric, but arguably the internet is not a utility. You probably want an attorney to review your lease. I'm sure anyone who responds would be happy to help with this or the eviction... View More

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: we are buying a property that has a tenant leasing the property, we want to move into the property ourself and do

some renovations, how much notice do we legally have to give to the tenant to vacate the property.

Steven Krieger
Steven Krieger
answered on Aug 1, 2021

If you're in VA, it depends on when the lease ends. Moving into the property itself is not a basis to evict the tenant if there's a valid lease in place. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

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1 Answer | Asked in Contracts for Virginia on
Q: I breached an NDA and I got a cease and desist, how can I save my business
Steven Krieger
Steven Krieger
answered on Jul 28, 2021

It really depends on the content of the NDA and what you have done. Maybe it wasn't even a breach. You probably want to hire an attorney to review the NDA and the cease and desist letter. I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Landlord - Tenant for District of Columbia on
Q: Holdover tenant eviction process after DC moratorium?

I have disgruntle non-communicating holdover tenants with only one name is on the non-renewal lease. I am not accepting any more rent and would like for them to leave. Do I still need to wait the 60 days after the moratorium ends to file. I don’t intend ever to use property for rental again. The... View More

Steven Krieger
Steven Krieger
answered on Jul 25, 2021

Take the rent money. You still need to wait after the moratorium. Holding over is not a valid basis to evict in DC, but you can evict if you plan to use the property for personal use. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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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