Get free answers to your Real Estate Law legal questions from lawyers in your area.
Can the house just be left in the step-father's name, and not be considered an asset of my father's?
answered on Feb 5, 2020
Most real estate financing in Virginia is secured by a deed of trust rather than a "mortgage", although that term is used in a general sense for any loan secured by real estate. Title is determined by the deed and the chain of title, not who may or may not be liable on the note secured... View More 
The monthly rent will be paid to the owner as well. We are doing rent to own.
answered on Feb 1, 2020
Unless you have the cash to pay the seller the whole price, you are going to have to qualify for a mortgage loan somewhere. There are very very few mortgage notes that can be assumed by new buyers, and even then, you would be taking on a mortgage.
BTW, don't pay the downpayment to the... View More
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
answered on Jan 21, 2020
You should have an 'owner's title policy' - look at it and see if there is any mention of a homeowner's association. If not, then make a claim under the title insurance policy as it may be a covered risk.
Homeowners associations can be crazy - many are good but some... View More
answered on Jan 20, 2020
Generally in Virginia, a Warrant in Debt is served by the Sheriff or a Deputy Sheriff on the Defendant at that person's place of residence, however, it is possible to file a Motion based on good cause shown to request a judge to give permission for the Warrant in Debt to be served at the... View More
They moved in feb. Chased rent a few times. Late Sept they contacted landlord stating they would pay an extra 50 for being late on oct rent. They Contacted again in late oct goin to be late nov. But in nov made a partial payment for oct. Still no payment for nov. With promise to pay dec 21st.... View More
answered on Jan 20, 2020
The claim is for money owed. You can file a civil Warrant in Debt in the jurisdiction in which the premises is located and against the person who owes the money. Your hurdle may be to find the former roommates since the Court requires that person be served in order for the Curt to have jurisdiction... View More
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
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... View More
Heir Land was sold without family consent without real estate assessment and without right of way. Current owners are trying to sell land but have not been successful. As a family will we need to go to County first to assess where land boundaries are before we present an offer
answered on Jan 16, 2020
You have provided a minimal statement of fact but no question. I'm not sure what you want to know.
If you came to my office I'd want to know how the land was sold and by whom, if it wasn't sold by the family. I'd probably then want a title examination to cover ownership... View More
answered on Jan 16, 2020
REQUIRE? No. Everyone has the right to represent themselves no matter how little they know.
GOOD IDEA? Absolutely. There are aspects to real estate ownership and sale that would surprise many people. I've lost count of the times I've looked at a transaction - after the fact or... View More
Recently I received an email from a paralegal asking if I’d recieved a check. A PDF was attached with a partition sale documents showing my final proceeds to be about 1.5% of my perceived value of the land that had been in my family for decades; after expenses. About 2 years ago my 2 sisters has... View More
answered on Jan 13, 2020
It is unlikely that you can reverse the process at this late stage, and it will be useful to understand why you ignored the issue so long. But, in many circumstances, Virginia law in partition rulings is not final for two years after the final order. That might help, but you need to start... View More
Heirs will not come together to do anything. Received notice for delinquent real estate ad. Please advise
answered on Jan 10, 2020
You have given almost no facts on which a good answer can be based. Even if you had, however, I'd probably refer you to a real estate lawyer to help walk you through the law affecting the property. This forum is designed and good for simple, general questions that will get you to the... View More
I originally signed this lease when I attended college in Richmond VA, at VCU, but sadly I made a mistake and was forced off the property by 1 roommate and I've been collecting my rent statements, and I put an ad up for the room, as the leasing agency told me to do, but as far as I know not 1... View More
answered on Dec 28, 2019
I think it is time to consult with a lawyer. There is no reasonable way you can get accurate advice in such a complex setting from an Internet search.
I purchased real estate and allowed someone lifetime right and now she has been in a nursing home for almost 6 months I am being told she will never return and her son is in the property and trashing the place and not keep up with maintenance
answered on Dec 26, 2019
I think you need to get to the details with a real lawyer. You need to review the actual grant of the life estate, because lay people often describe personal licenses as life estates. Then, you need to convey to the lawyer what the son is doing to the place, because a tenant, whether for years or... View More
New company is increasing the rent, and required me to apply to qualify. They came back to me saying they are going forward with a new lease with a term of 15 months instead of honoring my existing lease term (expires in 2 months) and my existing rental amount. I cannot understand how a legally... View More
answered on Dec 22, 2019
One party to a lease has no right to change the terms of the lease unless the other party to the lease agrees in a written amendment to the lease.
My grandparents willed their VA home to their children. Four of the 9 children are still living but no one is living in the home. Can the home be rented to any of the grandchildren w/o having to give them lifetime rights?
answered on Dec 20, 2019
The house can be rented to anyone on the planet by the owners. A lease does not create lifetime rights. Use a real lease to avoid creating squatters rights, which, in DC, are pretty terrifying for landlords. The lease should account for the fact that it's a family deal by including arm's... View More
We where told on November 17 that the person looking at house loan was approved. And we should have til end of December to find new place. Then on the 27 of November was told the closing would be on December 20. But on my lease it stated once property is sold we have at least 30 days to move. Does... View More
answered on Dec 16, 2019
The general rule is that a document is construed strictly as to the drafter which I presume was the landlord. Anything unclear (capable of several meanings) is thus interpreted to favor the person who did NOT draft it. And words are usually given their 'ordinary' meaning.... View More
18VAC 135-20-160.B: There was incorrect DPOR form on file intended for mailing purposes. Since corrected. However, I sent them 4 other documents, including clerk of court certificate, that clearly indicate place of business address. Plus, a site visit was never done inside the residence. A site... View More
answered on Dec 14, 2019
There's an old (very old) saying most popularly attributed to Abraham Lincoln - see https://quoteinvestigator.com/2019/07/30/lawyer/
In the past I have served on a state board, and represented others before state boards. The process is technical and full of traps - you need a lawyer.... View More
VA residential lease
answered on Dec 9, 2019
In Virginia, if the lease provides that the landlord shall provide wifi, cable and the like yet disconnects those services, the tenant can bring a claim against the landlord for breach of the lease contract.
Owners of hunting dogs can access private property with or with out permission of the owner at any time. In fact, by code, a property owner can't deny access to private land under any circumstance.
I think the General Assembly has this wrong. How can I challenge this in court. Seems... View More
answered on Nov 26, 2019
One thing I love about law practice is that I keep learning new things 35 years after I started practice and about 29 years after I became a Virginia lawyer. Interesting Code section. A trip to a real library rather than the Internet version would get the history of the statute first enacted before... View More
I'm on a very small HOA BOD. We recently collected a special assessment to fix a washed out culvert. We collected a special assessment based on an estimate we had received from a local contractor. We were able to repair the culvert for less with another contractor.
answered on Nov 25, 2019
The answer may be in your bylaws. Read them or retain a lawyer to read them.
In the event landlord can raise rent, how much notice is needed? Said differently, can the increase be effective immediately i.e. at next due payment?
In the event the tenants don't agree can the landlord evict tenants before the end of the lease?
Of note, this is a six month... View More
answered on Nov 15, 2019
In consideration of a lease with a 6 month term, at the end of the 6 months, the lease becomes a month-to-month lease by operation of law unless it is renewed in a new written document. During the term of the 6 months, it is a binding contract for which the rent cannot be increased unilaterally but... View More
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