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Questions Answered by Elizabeth Crego
1 Answer | Asked in Real Estate Law for Virginia on
Q: I have no written rental agreement, and rent was month to month. Can I change the locks of my house?

she rents a room inside my home. She got a written notice to pay within 5 days what she owes about a month ago.

Elizabeth Crego
Elizabeth Crego answered on Mar 30, 2020

You cannot legally just change the locks, even if your lease was unwritten. You would need to make sure you go through the proper procedure to file an unlawful detainer action and evict her.

2 Answers | Asked in Real Estate Law for Virginia on
Q: I own a condo and have given tenant verbal notice to vacate within 30 days and he refuses
Elizabeth Crego
Elizabeth Crego answered on Feb 10, 2020

Under Virginia law, you need to give a tenant 30 days' WRITTEN notice, and that is generally at least thirty days before the end of the month. And that's only if you're in a month-to-month tenancy or your lease provides that you can give thirty days' notice to end the lease. If you're in the middle... Read more »

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1 Answer | Asked in Real Estate Law for Virginia on
Q: So actually it is not figured out. I signed a sublease agreement in August for a house downtown. One of the girls I

I signed a sublease agreement in August for a house downtown. One of the girls I was living with started shooting drugs and having multiple men over daily, on quite a schedule. Obviously, this is not something I wasn’t to be apart of. There were multiple men (I assume on drugs or some sort)... Read more »

Elizabeth Crego
Elizabeth Crego answered on Jan 22, 2020

This could be a complicated situation and you may need to call a lawyer near where you live.

You cannot usually break a lease early without either (a) an agreement between you and the landlord (or, in your case, maybe the tenant from whom you are subleasing the property) or (b) a court...
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2 Answers | Asked in Real Estate Law for Virginia on
Q: I purchased a home and my realtor, title company, and former owner noted was no HOA. Newly active HOA is seeking dues.

I’ve simply refused to pay and asked for further documentation and the covenants and the cc &r. I also asked for the breakdown of the budget and why the dues are being exercised. I also noted that the HOA was never disclosed at any time and that I will be seeking legal advice.

They... Read more »

Elizabeth Crego
Elizabeth Crego answered on Jan 22, 2020

If there is an HOA attached to your property, you are a member of that HOA whether you were notified at signing or not. The existence of the HOA and its status is a matter of public record. Its governing documents, including the master deed or declaration creating the HOA, should be recorded in... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: With respect to residential lease Under what circumstances Can a lease holder (home owner) raise rent during lease?

Lease is six months beginning September 2019

Elizabeth Crego
Elizabeth Crego answered on Nov 21, 2019

A landlord can raise the rent only after the lease period ends. Typically, with your six month lease, it would convert to a month-to-month lease (unless the lease says otherwise) at the end of the six month period. For the first six months, the rent amount would stay as it is written in the lease... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Must we sign another 1 year lease after having been paying month to month for a year?

We signed a lease for 1 year. That lease was up last year and we've been month to month. Can the landlord force us to sign a new 1 year lease?

Elizabeth Crego
Elizabeth Crego answered on Feb 22, 2018

With a month-to-month lease, either you or the landlord can terminate at any time, provided you give the notice required in the lease and have the termination at the end of the month. So yes, the landlord can easily terminate this lease with you and require you to sign a new lease in order to stay... Read more »

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