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Virginia Real Estate Law Questions & Answers
Q: Am I the legal owner of a silver trophy bought for $5,000 at an auction?
I bought a rare silver trophy for $5,000 at a local auction house. The auction house consigned it after it was discarded by a friend's wife during a cleanup. The original owner, who initially thought it was stolen, later admitted it was removed without his knowledge, as it was left in a... View More 
Q: What legal actions can I take for injuries from fallen ceiling and unresolved mold in my apartment?
I live in an apartment, and last Thursday, part of my ceiling fell down, causing me to injure my back and hip, and I've been in pain since then. Additionally, there is mold in the ceiling and bathroom. My landlord has not contacted me or checked on the situation. What legal actions can I take... View More
3 Answers
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Admiralty / Maritime, Animal / Dog Law, Landlord - Tenant, Personal Injury, Workers' Compensation and Real Estate Law
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Q: Seeking legal advice on landlord issues and disability after incidents in HUDVASH housing, Norfolk, VA.
I am a Navy veteran who moved to Norfolk, VA, under the HUDVASH housing program to escape domestic abuse. My neighbor crashed his SUV into my home, causing extensive damage, and my landlord inadequately repaired it with a quilt. Due to these events, I lost all my belongings inside the home. I was... View More
Jerry Lutkenhaus
answered on Jul 14, 2025
answered on Jul 14, 2025
You can contact a personal injury attorney in your area about the two incidents. However, a personal injury attorney probably would not consider your case unless there is at least $10,000 in damages or more.
As for your landlord tenant issues you can contact the Legal Aid Society in... View More
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Civil Litigation, Estate Planning, Landlord - Tenant and Real Estate Law
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Q: What legal actions can the trustee take against Animal Control for ignoring trust ownership in a civil forfeiture trial?
I need guidance on legal actions the trustee of a trust can take against Animal Control following a civil forfeiture trial. The accused, Mr. Radcliff, who is a tenant, was deemed the owner of animals by the court, despite the existence of a trust that owns the animals. Mr. Radcliff, who is the... View More
Richard Sternberg
answered on Jul 12, 2025
answered on Jul 12, 2025
Sounds like a complex defense that probably gets resolved on appeal with a well-drafted brief. Of course, the trust has actual notice of the proceedings, since Mr. Radcliff is settlor, trustee, and beneficiary, and he presumably has notice compliant with the law. The technicality of service might,... View More
Q: Options when dealership hasn't provided car title and plates after purchase?
I live in Pennsylvania and bought a car from a dealership in Virginia in April. The dealership was supposed to handle the registration and provide my license plates, but I have not received them yet. I have inquired multiple times and was told that the dealership does not have the car's title... View More
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
This situation puts you in a tough spot, especially since you're stuck with a car you can't legally drive. In Pennsylvania, you're required to have valid registration and plates, and driving with expired temporary tags can lead to tickets or worse. Since the dealership admitted they... View More
Q: Can my landlord claim damages for the hardwood floors without an inspection report after ending my lease early?
I recently completed a final walkthrough after agreeing to end our 12-month lease early on June 25, 2025, with the understanding that we would receive a refund for the unused days. During the walkthrough, the person conducting it took notes and pictures but did not provide any documentation about... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
Your landlord cannot simply claim damages without substantiating them with clear documentation. In most states, including those that follow standard landlord-tenant law, the landlord is required to provide an itemized list of deductions from your security deposit along with receipts or estimates,... View More
Q: Full month's rent charged for partial lease month in July 2025. Is it legal?
I signed a lease from July 22, 2024, to July 15, 2025. The lease agreement clearly specifies the start and end dates. I paid a prorated 1/3 of a month's rent for July 2024, but now I am being charged a full month's rent for July 2025, despite the lease only lasting half the month. The... View More
Dominic Paul Lascara
answered on Jun 30, 2025
answered on Jun 30, 2025
It's not a question of legal or illegal, but does the Lease allow for the full monthly payment. You state that the lease ends on July 15, 2025, but later in your question you state that the lease in silent on July 2025. I assume you are saying the lease does not mention prorations in July... View More
Q: Lease buy-out agreement not honored, charged reletting fee instead. Is this allowed?
I have a lease with an apartment complex that includes a buy-out agreement with a fee of $0 for terminating the lease early, nearly two months prior to its end. However, my landlord is now refusing to honor this agreement and is charging a reletting fee instead. Is it allowed for them to disregard... View More
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
If your lease contains a written buy-out clause with a \$0 fee for early termination, and you followed the conditions set in that agreement, your landlord cannot lawfully impose a separate reletting fee afterward. In Virginia, lease terms are binding on both parties, and landlords are required to... View More
Q: Options for wage garnishment due to unlawful detainer judgment in Virginia.
I'm dealing with a wage garnishment issue due to an unlawful detainer judgment. My employer gave me a copy of the summons, but I never received any prior notice of garnishment or lawsuit. The notice was issued on May 16, and the hearing is scheduled for October 31, 2025. I am seeking options... View More
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
If you were never notified of the original lawsuit that led to the judgment, you may be able to challenge the garnishment by filing a motion to set aside the judgment for lack of proper service. In Virginia, due process requires that you receive legal notice of any lawsuit against you. If the... View More
Q: Can I sue Cash App for treble damages after delayed refund caused home foreclosure due to fraud?
I experienced fraud on my Cash App account in March 2024 when someone added their debit card and transferred $15,000 out of my account. Despite reporting the issue immediately, Cash App repeatedly denied my dispute until they finally refunded the money on April 17, 2025. This delay led to my... View More
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
What happened to you is devastating, and it’s understandable that you’re seeking accountability for the harm caused. In Virginia, you may have grounds to bring a civil lawsuit against Cash App under the Virginia Consumer Protection Act (VCPA) or for negligence, breach of contract, or bad faith... View More
Q: Can I apply for ownership of unclaimed land after buying a home if previous owners used it for 60 years?
I recently purchased a home, and there's a piece of land at the rear that, according to the land registry, doesn't have an owner. The previous owners used this land for 60 years and have offered to provide a statement of truth. Can I apply for ownership of this land even though I... View More
Dominic Paul Lascara
answered on Jun 19, 2025
answered on Jun 19, 2025
Your question required many more facts in order to answer it correctly. First of all, you don't apply for ownership. You would want to hire legal counsel and have a full title examination on the subject property to determine ownership. Once ownership is determined then you can make an offer... View More
Q: How can we settle property inheritance issues in Virginia with deceased family and unresponsive heirs?
In 194?, my aunt purchased a property and specified in her will that it should be distributed to her siblings. My uncle, who also owned property, died before her and left his estate to the aunt who purchased the land. The remaining siblings signed off the property to one sister. My uncle's... View More
Ross Cameron Hart
answered on Jun 16, 2025
answered on Jun 16, 2025
From your question I infer you have uncle's original will. What you need isn't a 'do it yourself' thing: you'll need a lawyer to file an action to 'Remove Cloud on Title', also known as 'Quiet title' action. You need a very experienced probate and... View More
Q: Can children live in inherited house without retitling in Virginia?
Next door to me is a property in a visible state of disrepair, previously owned by a couple who are both deceased (husband in 2004, wife in 2022). The property is currently occupied by their three adult children, but land records show it hasn't been retitled from the deceased parents'... View More
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James L. Arrasmith
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answered on Jun 13, 2025
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answered on Jun 13, 2025
In Virginia, heirs can often live in a deceased family member's home even if the deed hasn’t been retitled, as long as they are lawful heirs and there’s no dispute. However, until the estate is officially probated and the title is transferred, they don’t have formal ownership or the... View More
Q: Virginia HOA exec session specificity requirements.
As a member of a homeowners' association (HOA) in Virginia, I want to understand the requirements of Code of Virginia § 55.1-1816 regarding board of directors' meetings. Specifically, does the term "specific" in § 55.1-1816 C require more than a vague or nonspecific statement... View More
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James L. Arrasmith
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answered on Jun 12, 2025
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answered on Jun 12, 2025
You're asking a thoughtful and important question—transparency in HOA governance affects everyone in the community. Under Virginia Code § 55.1-1816 C, the law requires that a board’s motion to enter executive session must be specific about the subject to be discussed. This means more than... View More
Q: Can an HOA BOD convene in executive session from a work session under VA § 55.1-1816?
I am trying to understand the procedures outlined in Code of Virginia § 55.1-1816 regarding property owners' association board of directors meetings. The code states that "work sessions" are not considered "meetings" but does not define "work sessions."... View More
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
You're asking a thoughtful question, and you're right to pay close attention to the language of the law. Under Virginia Code § 55.1-1816, a work session is not treated as an official “meeting” of the board, which means it doesn’t trigger the same legal requirements for public... View More
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Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law
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Q: Is landlord obligated to provide functional and safe appliances under promise?
I was promised by my landlord via phone and email on May 29th that appliances would be replaced. The stove was replaced on that day, but it was installed unevenly, preventing proper cooking, and it has a sharp edge sticking out, posing a danger. Considering my landlord usually takes a long time to... View More
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
You have a right to a safe, habitable living space and appliances that work as promised. Under the implied warranty of habitability, any appliance you rely on must be maintained in good repair. Because your landlord promised to replace the stove and installed it unevenly with a sharp edge, you can... View More
Q: Cease and desist from HOA for dog allegedly "unattended" outdoors.
I have received a cease and desist letter from my HOA for allegedly violating the covenant that states "no dog may be tied and left unattended outdoors." My dog is leashed in the front yard, and I supervise her from my living room through the glass storm door with the front door open.... View More
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
This kind of situation can feel frustrating, especially when you’ve been attentive and no one raised concerns before now. If you’re supervising your dog through the glass door and the dog is not left for extended periods, your argument is that the pet is not truly "unattended" in a... View More
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Landlord - Tenant, Consumer Law, Identity Theft and Real Estate Law
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Virginia
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Q: Is it legal for Nova Credit to require banking access for income verification in VA?
I’m trying to rent an apartment and have already provided documentation verifying my income from various benefits sources. However, I received an email stating I must give Nova Credit access to my banking information where my income is deposited for additional verification. I'm concerned... View More
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James L. Arrasmith
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answered on Jun 10, 2025
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answered on Jun 10, 2025
It’s completely understandable to be uncomfortable with giving any company direct access to your bank account. In Virginia, companies like Nova Credit can *ask* for access as part of their screening process, but you’re not legally required to grant it. However, landlords may choose not to... View More
Q: How can I evict a family member from a damaged family home in Virginia?
I want to remove a family member who has been living in our family home in Dunnsville, VA for over 10 years. The house hasn't been kept up, has mold and termites, and the family member refuses to leave so repairs can be made. I was informed by Tappahannock that as long as there isn't a... View More
Richard Sternberg
answered on Jun 6, 2025
answered on Jun 6, 2025
If you have a partial interest in the property, retain counsel and file a petition for sale in lieu of partition. Once approved, the legal fees will come out of the sale of the property.
Q: Can we use a Quitclaim deed to transfer our home to a revocable living trust in VA?
My husband and I own our home in full, with no mortgages or liens. We have completed setting up a revocable living trust, and we are both owners of the trust. Can we use a Quitclaim deed to transfer our home into the trust?
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Anthony M. Avery
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answered on Jun 6, 2025
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answered on Jun 6, 2025
Hire a VA attorney to execute that conveyance into a trust. The property owners convey to the trustee of the trust, not to the trust.
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