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Questions Answered by Elizabeth Crego
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... View More

Elizabeth Crego
Elizabeth Crego
answered on Jan 27, 2021

I think there are some details that need to be considered before determining what you can do. You said your lease is up, but it's unclear as to whether the lease for the property you own is up. If it is not, you will have to wait until the end of the lease period unless she fails to pay rent... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: I have a tenant who is late on rent the last few months. I have given her time considering COVID situation. Options?

I have given her time as its pandemic situation. But she has not been responding to my texts or calls. I have asked her multiple times about rent but she is not responding and refusing to meet me or let me into the Property.

What are my options as a landlord?

Elizabeth Crego
Elizabeth Crego
answered on Nov 17, 2020

You can proceed with giving her a 5 day pay or vacate notice, and then filing an Unlawful Detainer in court five days after she receives that notice. The Unlawful Detainer, if granted by a judge, gives you the right to file a Writ for Eviction, which is what the sheriff uses to evict her. There are... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Tenant is not picking up Phone calls and not responding to texts or emails asking for rent

Tenant has been late in paying rent last couple of months. She is not responding to my calls or texts, emails asking for rent. I even went and rang the bell but she wont open the door. The only text she responded was when I told that i would enter the property, she responded saying donot enter. No... View More

Elizabeth Crego
Elizabeth Crego
answered on Nov 17, 2020

I agree with Mr. Maloof. I would also add that you have the right to enter the property after giving reasonable notice to the tenant (at least 24 hours notice). You can't just knock on the door and walk right in, but the tenant has to let you in if you give them notice you are coming by.

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1 Answer | Asked in Real Estate Law for Virginia on
Q: I have water damage in my condo that is our associations responsibility to fix. Can I sue them to complete the work?

I have had multiple occurrences since purchasing my condo in 2016. I have documentation asking for the damage to be fixed multiple times and each time it is patched up temporarily. I have had furniture damaged, rugs damaged, lighting fixtures damaged and my association refuses to take the lead on... View More

Elizabeth Crego
Elizabeth Crego
answered on Oct 13, 2020

You may be able to bring legal action against the Condominium Association if they fail to take responsibility for something that is their responsibility. However, determining what is the CA's responsibility and what they should do is complicated and requires both a knowledgeable review of the... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can I break my lease due to unhealthy conditions?

My apartment complex claimed to be smoke free. On a daily basis, cigarette and marijuana smoke come into my apartment from neighboring apartments. I let the management know, but it is still happening. This has been affecting my health as I do not smoke. Can I break my lease without penalty? Is that... View More

Elizabeth Crego
Elizabeth Crego
answered on Oct 8, 2020

You may be able to force the apartment complex to let you out of your lease, depending on how bad the situation is and how definitively the apartment has prohibited smoking. You may have a harder time proving that the situation exists and is dangerous to your health than you think. The process for... View More

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Can the developer institute an HOA fee without having an HOA? He owns 2/3's of the development.

Developer owns a majority of the development but wants to start charging an HOA fee, without having an HOA committee of homeowners. It seems as if he wants our money but wants to retain the decision making. Also, if he charges a monthly fee for HOA, should he be paying for his lots?

Elizabeth Crego
Elizabeth Crego
answered on Sep 9, 2020

A planned unit development is usually regulated by a Master Deed or Declaration, which would show whether there is an HOA attached to the development, whether assessments can be charged, and how the amount of assessments is determined. You would need to look at that information, which is recorded... View More

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Q: Am I obligated to sign this lease when a verbal agreement to sign happened prior to being given a copy of the lease?

I moved into a rental as a third party not on the lease, though I had the Landlord's permission. I have been residing and paying rent to my roommate for 7 months, and she paid the landlord. The lease was on an automatic renewal set to end July 31st and my roommate (who is on the lease) did not... View More

Elizabeth Crego
Elizabeth Crego
answered on Jul 28, 2020

It seems to me that there are a few different ways this could be interpreted.You could be regarded as merely a permitted occupant for the last seven months under the lease with your roommate, which creates no independent obligation on your part. It also provides no protections for you and you would... View More

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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Virginia on
Q: What is the penalty (if any) for HOA board violating the VA Property Owners Association Act?
Elizabeth Crego
Elizabeth Crego
answered on Jul 20, 2020

That depends on what they did. Violating the POA Act is unlikely to result in criminal liability on its own. You would want to read the Act in conjunction with the HOA's governing documents to determine what the board did and how to proceed. I recommend getting an attorney to help you... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Do i have to allow my manager in my apartment during covid pandemic?
Elizabeth Crego
Elizabeth Crego
answered on Jul 14, 2020

You are required to give your landlord (or the landlord's representative in this case) access to the property, immediately if it is an emergency, or with reasonable notice if it is not an emergency. It is also reasonable to require that the manager be wearing a mask and be physically distanced... View More

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1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Is my HOA responsible for the exterior of my home.

In Article IV section 2 B number 4 it states:

the board will provide for the repair, maintenance, and replacement of gutters and downspouts and exterior building surfaces.

However, they have met with a lawyer and have said they do not cover the replacement of :

siding... View More

Elizabeth Crego
Elizabeth Crego
answered on May 7, 2020

Context is everything. There's no way to know what “exterior surfaces” means and how that affects liability your current situation in this case without reviewing at least that entire section of the governing documents, if not the entirety of the governing documents. These documents can be... View More

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... View 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)... View 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... View 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... View 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... View 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... View More

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