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Virginia Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Can you rent a home and charge NO rent in lieu of repairs?

I have a second home that a person wants to rent. It is not up to code and would not pass the laws under the Virginia Residential Landlord and Tenant Act. The person wanting to rent is a contractor and wants to make the repairs himself in lieu of rent. We would not charge any rent for an agreed... View More

F. Paul Maloof
F. Paul Maloof
answered on Jul 21, 2020

The law in Virginia provides it will not be legal.

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1 Answer | Asked in Personal Injury and Real Estate Law for Virginia on
Q: What are my legal options due to my neighbor’s second hand smoke seeping into my home?

I often can’t breathe easy, and my neighbor has made no lasting effort to curb the problem.

F. Paul Maloof
F. Paul Maloof
answered on Jul 20, 2020

You may want to proceed with a lawsuit against your neighbor or seek a permanent injunction against your neighbor.

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 Landlord - Tenant and Real Estate Law for Virginia on
Q: My lease expires 9.30.2020. I received a notice last week from my landlord that he will not be renewing the rental.

My landlord wants to sell his home. I have not missed one month of any rental payments and financially and personally, i am not ready to move. My landlord no longer returns my calls, emails or text. Is there any rule that will allow me to stay here at least six more months, pay my monthly rental... View More

F. Paul Maloof
F. Paul Maloof
answered on Jul 18, 2020

It is possible that your lease has a provisions that allows either the landlord or the tenant to terminate the lease by giving the other party a written notice within the last 60 days of the lease term. You should review your lease to se what are the provisions on this subject.

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1 Answer | Asked in Real Estate Law for Virginia on
Q: In VA if a spouse dies and gives life estate to spouse of 25 years who isnt on the deed, can that spouse force the sale?

The will leaves all real estate to the 2 daughters. Step mom is quite greedy and is trying to give up her life estate to force the sale to gain a portion of the proceeds....again, the property was not in her name and only in the dads

Richard Sternberg
Richard Sternberg
answered on Jul 18, 2020

If I'm understanding, that's an interesting strategy with an interesting resulting countermeasure. I am assuming that the property has a mortgage loan (hereinafter M) that the life tenant (L) is supposed to pay. L cannot sell without signature of daughters (D), but L is allowing the... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Virginia on
Q: Fathers wife needs his children to sign papers for her to sell his house why would this be?

I have no clue of his will

He married her after he bought house but is trying to sell but cant because his children need to sign paperwork and I have no clue what this means I live in Fredericksburg va the house is in deptford nj

Anthony M. Avery
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answered on Jul 15, 2020

Not sure of your question. But it sounds like NJ Intestate Secession probably makes the Decedents' issue Heirs-At-Law along with the surviving spouse. And all Heirs are needed to convey.

1 Answer | Asked in Real Estate Law for Virginia on
Q: In the state of va. If two people are on a deed do both have to sign to sell a house?
Shafeek Seddiq
Shafeek Seddiq
answered on Jul 14, 2020

Generally speaking yes, but it also depends on the relationship of the ownership. There are other methods by which owners of real estate (those on deed) can sign to sell the house. Call a lawyer in your area to review the current deed and will explain.

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 Real Estate Law for Virginia on
Q: Tenant refuses to pay half month rent because he is moving out in the middle of month. Is this allowed under COVID19?

Lease is terminating at the end of month.

Shafeek Seddiq
Shafeek Seddiq
answered on Jul 6, 2020

I do not think there is any relevance of this non-payment to COVID-19, but I would suggest you see your lease agreement and what it says about leaving early and payment.

3 Answers | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Is a landlord allowed to ask for rent when the tenant has not occupied the apt in a whole month due to repairs.

We've been out of our apt for a month now because the tenants above us caught a fire. The repairs have taken way longer than they were supposed to and now the landlord is asking for us to pay rent.

F. Paul Maloof
F. Paul Maloof
answered on Jun 26, 2020

The lease should control the answer to your questions. Generally, if the landlord has not delivered possession of the premises to the tenant, the rent is not due and payable from the tenant to the landlord. If another tenant caused you to be displaced from the premises because of a fire, the other... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Is renting your vacation home on a short term basis considered residentail use or commercial use?
Steven Krieger
Steven Krieger
answered on Jun 17, 2020

If it's a residential vacation home, then it's residential use (even if a business is the short-term tenant). Residential vs. Commercial is more about the zoning of the piece of land that determines whether the property maybe used for residential, commercial, or mixed-used. If you need... View More

2 Answers | Asked in Real Estate Law for Virginia on
Q: I have a home in Fairfax, VA that I paid almost 80% of the property, but I still have 15 more years to pay it off .

I want to refinance my house with a better interest rate but I am in my 70's and I want to leave the house for my children What should I do? I don't think they will qualify for a loan themselves, but if I do refinance they will definitely be able to keep paying the mortgage. What would if... View More

Shafeek Seddiq
Shafeek Seddiq
answered on Jun 10, 2020

Your question involves mortgage, real estate (deeds), and wills issues. You can certainly do any of the things you want, but to achieve your twin goals of leaving the house to your children and them being able to keep it by paying the mortgage may be achieved after you speak with a lawyer and... View More

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1 Answer | Asked in Real Estate Law, Civil Rights and Elder Law for Virginia on
Q: Can a property owner suddenly cut off a person's water without warning?

This is about an elderly couple whose artesian well is on property that used to belong to them. When it was sold 10 years ago owner was aware that the well is being used by the elderly couple and today told them he cut it off because he doesn't need it anymore.

Richard Sternberg
Richard Sternberg
answered on Jun 6, 2020

It sounds like it might be time for a legal review of the transaction to determine if there was an easement implied. They don't appear to be tenants of their buyer, so it may be time to negotiate or to buy bottled water until they can tap into an artesian well below their property.

2 Answers | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Virginia on
Q: Are there legal/civil repercussions I can take for an apartment complex charging more rent than what’s on the lease?

I signed a lease for August 2019 to August 2020 at a college apartment complex in Lynchburg. The lease states that I will be charged $450 per month for rent. I have just been made aware that they have been charging $500 a month. I never knew because I paid for the whole leasing term in August. They... View More

F. Paul Maloof
F. Paul Maloof
answered on Jun 6, 2020

You have two alternatives. You can bring a small claims lawsuit for the excess/overage amount of rent in the General District Court of Lynchburg. You can also contact the Virginia Attorney General's Office and make a formal complaint.

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1 Answer | Asked in Real Estate Law for Virginia on
Q: I have put in an offer on a home and it was accepted. But now I have changed my mind.

We just had the home inspection done and while the amount of repairs is prob around $8000 I don’t feel as though this is financially viable anymore. What are my rights? How can I get out of this? I know I can submit repair requests and the owner can counter. But if she doesn’t agree to 100... View More

Richard Sternberg
Richard Sternberg
answered on Jun 1, 2020

You need a lawyer to read the contract NOW. It really does matter what it says and how you handle it. Many Virginia lawyers offer remote consults by Zoom, especially during the Covid-19 lockdown.

1 Answer | Asked in Real Estate Law for Virginia on
Q: How can I remove a person from the deed to my home if I added them all by myself?

I added my at the time boyfriend to the deed to my home which I paid for alone and we have not been together for a while now and I need him removed from my homes deed.

Richard Sternberg
Richard Sternberg
answered on May 29, 2020

He needs to convey the house back to you, or you need to file a Petition for Sale in Lieu of Partition along with a claim for Contribution.

1 Answer | Asked in Civil Rights, Consumer Law and Real Estate Law for Virginia on
Q: Hi, Can i gift out my newly FHA/VA Loan house to my parents?

I bought the house but want to gift out this house to my parents

Richard Sternberg
Richard Sternberg
answered on May 27, 2020

If it is yours, you can surely gift it. Either a quitclaim deed or a warranty deed will do the trick. I'd have to check, but the transaction may be tax-free, like a transfer between spouses. If not, there will be transfer and recordation taxes. The mortgage loan to a near certainty has a... View More

2 Answers | Asked in Real Estate Law for Virginia on
Q: Can a son or daughter on the deed of their parents home, simply sell the house for profit if they have siblings?
Richard Sternberg
Richard Sternberg
answered on May 23, 2020

You aren’t providing enough information. If you hold the entire fee simple of any house, whether your parents are living there or not, you may sell it for fun or profit. If you don’t, you can’t. Consult counsel to review the title.

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1 Answer | Asked in Real Estate Law and Identity Theft for Virginia on
Q: my wife and I have not lived together in 5 years.But I recently found out she put my name on her lease illegal.

also I notice my mail stop coming to current address.Postal service says my mail keep going to her address.I never made a change of address.postal service inspector is investigating why my address keep getting changed,without my consent.

Richard Sternberg
Richard Sternberg
answered on May 18, 2020

Maybe it is time to get divorced already?

3 Answers | Asked in Real Estate Law for Virginia on
Q: I'm in Virginia. Entered into contract to sell my house. Buyers have now indicated that they no longer feel happy

about the purchase. They want out of the contract. They are pressuring me to sign a document basically stating a mutual agreement to break the contract and forfeiting their deposit. What alternatives do I have?

Ross Cameron Hart
Ross Cameron Hart
answered on May 17, 2020

First, you need a lawyer, not an internet advice board. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more... View More

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