The lease can be enforced against anyone who signed it, and it might be enforceable if the intent to have a signed, written lease is apparent on the facts, such as emails, endorsing deposited rent checks, etc.
Trying to figure this out in a home contract... a realtor is trying to tell me there isn't, but I think there is. I just want to rectify the issue before any contract is signed and legal issues develop
You should sit down with a probate attorney for a consult. If your father's only asset was the rental property that is underwater on its mortgage loan, and if the estate has no other assets that you'd like to protect, you might simply abandon the rental and let the lender foreclose. It isn't going...Read more »
The form of payment won’t matter if the IRS has put a proper lien on the title. You can’t close without paying off or bonding it off. Nobody will insure that title, and the buyer will be quite upset if he buys without a proper closing and then learns that the property has gone to a tax sale or...Read more »
It depends what your HOA covenants, declarations, rules, and, sometimes, subsequent carried motions say about the issue. It is very important to read and understand them. A lawyer can help you do that.
The answer depends on place, date, and type of service. It also depends on what you mean by “respond.” Part of the Answer you seek may be printed on the Summons, but it is very easy to get the wrong and Virginia Courts are very serious about defaults. Schedule a consult with a local lawyer to...Read more »
In the summer of 2018 several rain storms caused water to fill the window wells in the finished basement of a single family home and leak water into the dry wall, insulation, and carpet. The landlord was on vacation and forced the renters to physically bail water out of the window wells each time... Read more »
You need to review the lease with a licensed real estate lawyer. If the lease puts the burgent of maintenance or repair on the tenant, you might be obligated. It usually doesn’t in residential leases in Vienna, particularly illegal basement apartments. Contrary to popular belief, all leases are...Read more »
It is difficult to pursue a claim as small as $13,000 with a claim involving a declined probate. It isn't as simple as a General District Court case, because it needs to start with the opening of a probate and might lead to a contested and hostile petition for probate by you in spite of not being...Read more »
Great grandmother died in 1985. Left property as heir property. My mother held power of attorney. My great-uncle attempted to sell the property. He couldn't b/c the heirs never paid my great-grandmother's attorney for the work he did. As such, the deed was never transferred to the heirs. Taxes are... Read more »
There are steps between the taxes being due and a foreclosure sale, but those steps vary by jurisdiction. The short answer is that paying the taxes does not buy the title for you. Unless the actual title owners agree, it buys you nothing but a dubious claim for contribution, and that is limited if...Read more »
You should get a contract review to determine the damages available under your contract. In some, the damages are limited to the earnest money deposit and moat of that goes to the realtor. In others, you can force performance or collect substantial damages. The contracts are not all the same, and...Read more »
You need to review the listing agreement. The current standard MAR contract included a clause that eliminated the commission claim of the prior realtor once a replacement realtor was signed as agent. Another form I recall seeing only applied that after the term of the original listing contract...Read more »
Can a real estate investor offer these contracts to the seller and the buyer just as long as the contracts are legal and the investors has a title company or attorney to look over the contracts to approve them.
Lawyers don’t “approve” contracts. They review and advise their clients on the legalities of their dealings. After the advice, the contracting parties remain responsible for their choices, though they might have a claim against the lawyer if his advice was malpractice. If what you are doing...Read more »
A close friend and business associate recently past away and his brother is the executor of the estate. I have attempted to contact his brother many times over the past few months. At first he was communicative, but now he will not respond to email or telephone calls. Our business interests were... Read more »
You need to file and pursue a claim timely or it is lost forever. The deadlines are strictly enforced. The effect is complete. I know if no basis for you to collect attorneys fees for pursuing your claim. You need to consult with counsel immediately.
I have no correct contact info for the rental property company / owner. The chimney company says I can just get my side fixed but that will NOT solve the problem of the water leaking and they won't be able to guarantee the work just the materials. What is my recourse? If I pay to have the whole... Read more »
It seems weird to me that you can't track down the owner of the other property to resolve this. The name of the record owner is a matter of public record both at the Recorder of Deeds and, less accurately, at the State Department of Assessments and Taxation. Then, running a search on the Internet...Read more »
My tenant is month to month. Our original lease ended 30 months ago. While the lease mentioned 60 days notice, now that it’s month to month, I assume I only need to give 30 days. He wants me to repair the broken windows and back door. I want to wait until he’s gone. Do I need to fix them before... Read more »
You need to consult with a local lawyer, because county and city codes matter in landlord-tenant. Then, the lawyer needs to read the lease with particular attention to the Holding Over and Notice clauses. In Virginia, the lease will be read fairly strictly as written unless it violates local...Read more »
my question is how can I make my aunt and uncles buy me out of the house or sell the house? My aunt lives there now and has lived there for years but when we received the house last year she never paid any taxes or water bill on it so that took money we were supposed to receive from my grandmothers... Read more »
Get a lawyer. File a Petition for Sale in Lieu of Partition. Generally, the court will allow the fees as well as contribution for utilities to be reimbursed to you from the proceeds of the sale. As long as your title to the property is clear and the property cannot be partitioned, there are no real...Read more »
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