Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Maria T Patente
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can i have a tenant assessment removed from record?

The lawyers made an agreement( without my consent) and case was dismissed but still shows up on record keeping me from getting another place to rent Actually a Tenants Assertion...

GV23007008-

AM

Case

Dismissed

Tenant's

Assertion

Maria T Patente
PREMIUM
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2024

Your terminology "tenant assessment" does not have meaning in Virginia. Do you mean an Unlawful Detainer? If you had an unlawful detainer that was dismissed, then you had a good outcome. You can file for expungement of a dismissed unlawful detainer 30 days after the date of dismissal.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I rented a room from a friend,he kicked me out, no warning,his gf kept all my belongings what can I do to get it back?

I lived with him for 6months paid rent on time 2 months ahead actually. One day he tells me get out I was hospitalized due to my health and now his gf refuses to give me all my stuff she kept what she wanted and gave me a basket of trash and clothes random things. I just want my things.

Maria T Patente
PREMIUM
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2024

I'm sorry this happened to you. If you lived in Virginia, it sounds like you have been "Unlawfully Excluded" from your residence, which is unlawful under Section 55.1-1243.1 of the Code of Virginia. If a judge finds that you have been unlawfully excluded, the judge can award you... View More

1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Virginia on
Q: In Va can a landlord evict a person for marijuana on the property
Maria T Patente
PREMIUM
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2023

Most leases in Virginia written for professional landlords include an express provision that prohibits controlled substances, including marijuana. Marijuana is still a controlled substance under federal law, and in Virginia up to one ounce is excluded from the criminal code. Absent these... View More

1 Answer | Asked in Family Law and Elder Law for Virginia on
Q: My adult sister is developmentally disabled.

Does #6 of 54.1-2969. Authority to consent to surgical and medical treatment apply to a family member being able to give medical consent if no one has been court appointed as guardian?

Maria T Patente
PREMIUM
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2023

Your question indicates that your sister is an adult, not a minor (under 18). In cases when a person has not made an advanced medical directive, then Section 54.1-2986 of the Virginia Code determines the procedure for making medical decisions in the absence of an advanced medical directive. The... View More

1 Answer | Asked in Elder Law and Estate Planning for Virginia on
Q: Is a change in power of attorney valid if it was done within 90 days of being diagnosed in dementia?
Maria T Patente
PREMIUM
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023

A diagnosis alone does is not complete proof that a person lacked capacity to execute a valid Power of Attorney. In addition, "dementia" is a general term and can include varying degrees of inability to process information accurately. However, for a Power of Attorney to be valid, the... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I have a legal question about someone vacating my residence

I gave someone 45 days to vacate my home I gace a verbal,text message and written documents..they said ok and moved 80% of their stuff out and have not stayed at the home since but still have items there i reach.out and ask when they were coming to get there remainder of the items but they ignore... View More

Maria T Patente
PREMIUM
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023

I advise against taking "self-help". The Virginia Residential Landlord Tenant Act creates a high penalty for landlords who evict a tenant without obtaining a Judgement of Possession and Writ of Eviction through a Court. The penalty can exceed $5,000 plus attorney fees for the tenant.... View More

1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: salemans modified cancelled contract, forged name, then file with collections agency..what options to stop collections

A salesman came to my son's home Nov 29th, demonstrated vacuum cleaner. Purchased, signed contract...had 3 days to cancel contract. Dec 1st he cancelled contract, salesman came picked up vacuum and took all paperwork including his copy of the contract stating he didn't need it anymore.... View More

Maria T Patente
PREMIUM
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023

Yes, your son could pursue a private right of action under the Virginia Consumer Protection Act. In these cases, any intentional or willful actions that violate the act enable the Plaintiff to recover treble (triple) the damages and attorney fees. The Virginia Consumer Protection Act creates a... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: should I pay or go into court for a failure to obey highway sign infraction?

college-aged female, 1 previous record of speeding (non reckless) from over a year ago, otherwise clean record, involved in community. is there a benefit to at least showing up to court?

Maria T Patente
PREMIUM
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023

People frequently choose to pay a ticket rather than contest it because they think it costs more to go to Court and take a day off of work than to pay the ticket. However, most people experience a large increase in their insurance premiums when points appear on their driving record. Three points... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: i been out of country and did not received the summons and court order judgment against me for the credit card payments

should i file motion and ask the court to set aside the case ?

Maria T Patente
PREMIUM
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023

If the Court Order occurred within 30 days, you may be able successfully motion the Court to re-open the case or re-try the case. If the Court Order occurred within the past 10 days, you could appeal to the Order to the Circuit Court. If you were in the military, you may be able to obtain relief... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: When renting throught a private owner are the tenants able to use the attic?

Our leasing manager is telling us we don't have access to use the attic because it belongs to the home owners association. However that information was not provided in the lease we signed. We have a rat situation in the attic and they have yet to resolve that. We also have been told one of the... View More

Maria T Patente
PREMIUM
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023

Tenants have several options in cases like this, when safety and health are threatened due to uninhabitable living conditions. (1) A Tenant's assertion (2) a Repair and Deduct (3) a 21/30 day notice to landlord, demanding that Landlord repairs in 21 days or lease will end on day 30.... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Is there a way I can get a judgement or eviction sealed on my rental/ credit history?

Or is there a way I can fight a judgment or eviction after the court date, judgment, and etc?

Maria T Patente
PREMIUM
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023

Under some circumstances, a defendant may be able to successfully motion the Court to re-open a case. For example, if a Court issued a default judgement, and the defendant was unable to attend through no fault of his/her own. Also, keep in mind that every matter in a Virginia General District... View More

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.