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Lease is six months beginning September 2019
answered on Nov 21, 2019
A landlord can raise the rent only after the lease period ends. Typically, with your six month lease, it would convert to a month-to-month lease (unless the lease says otherwise) at the end of the six month period. For the first six months, the rent amount would stay as it is written in the lease... View More
I have a tenant renting a room in my rental property which is a 2 bedroom house. Do I have free access to the rest of the property and common areas without giving notice, if they are just entitled to the 1 bedroom? (For repairs, inspection, etc.) Also, their lease is up anyway and have been... View More
answered on Nov 2, 2019
Your lease should address the issue of the landlord's right to enter the premises, whether it is the room being Individually leased or the whole house. Generally in Virginia, the landlord may enter the premises by giving reasonable notice to the tenant. The focus should be on what area of the... View More
All parties agreed on price and signed. Can the seller back out because the appraisal came in higher than expected?
answered on Oct 28, 2019
There are certain contingencies in a NVAR form real estate contract, revised as of July 2019, if that is what was used. There may or may not be an escape clause in the real estate contract you signed. The best way to know if to hire an attorney who can review the contract and give you a formal... View More
answered on Oct 27, 2019
Order a title search from a reputable abstractor. That's what they do. If you you enter a contract contingent on the property being free and clear and the accepted contract is given to a lawyer doing the title transfer as a title agent, the title abstract is usually an included expense.
We closed on our house at 6pm Friday so the documents won’t be recorded until Monday. We’re also still working on finalizing an escrow holdback agreement for repairs seller needs to pay for post closing. It’s now Saturday and the sellers are asking for keys and access back to the property. We... View More
answered on Oct 19, 2019
You are the owner as of closing without regard to recordation, at least as to the seller, but what form of fantasy would lead you to close with an unfinished escrow agreement for repairs that aren't competed!? How are they to do the repairs? How are you to take occupancy? Who is responsible of... View More
This is legal even if she doesn’t want it correct cause we have the Majority 66% pull
answered on Oct 18, 2019
Co-tenancy isn’t majority rules unless the property is held by an entity like a corporation and the shareholders elect a board and president that orders sale. If the property is indivisible, like most homes, each owner has the right to occupy the whole, and each owner has the duty to contribute.... View More
answered on Oct 17, 2019
What do the Covenants say about that? Do they incorporate any other documents, like bylaws? Do they create a governance system? Is that governance consistent with your state and sometimes local law? Did that governing body get duly selected in accordance with the applicable rules? Were the... View More
If someone is the nominee of a person when he/she is alive, does that person remain a nominee if the other individual dies or does that person become the owner of the dead person's property?
answered on Oct 17, 2019
If you are referring to the agent under a power of attorney, then the answer is no, the power of attorney automatically terminates upon the death of the principal. Also, agents under powers of attorney do not automatically inherit. Inheritance is determined by the decedent's will or, if the... View More
We wanted to get out of our contract but they declined that. So we decided to take the house off the market. They then told us the house would remain listed until the contract expired. Can they do yhis
answered on Oct 8, 2019
First you need to read the listing agreement you signed. Or consult a lawyer to review it and advise you of your obligations.
If you remove the property from the market, you may owe commissions and fees for early termination. And if they produce an offer that EXACTLY matches the terms... View More
answered on Oct 5, 2019
No. Unless the then-owners agree with you to terminate the lease early, your lease is not affected by their transaction. Of course, there may be tactics to secure that agreement, and a lawyer might help with that.
Will in probate in Arkansas
answered on Oct 5, 2019
All of my states have a procedure for depositing the share of the missing heir into the registry of the Court. Consult a local lawyer or the probate clerk's office.
It is being used as a full time residence.
answered on Oct 2, 2019
Maybe, maybe not.
Two considerations: a) subdivision restrictions and b) zoning ordinances.
a) If you are in a subdivision with restrictions and covenants, there may be a prohibition in them. They will sometimes refer to it as 'temporary housing' or refer to campers,... View More
is now charging legal fees, additional months rent. I paid the full amount due on the evening of the 9th through a drop box. Was legal proceedings filed prematurely? Shouldn’t I have 5 full days from the date I was served? Thank you!
answered on Sep 18, 2019
I would need to review all the documents in order the give an answer. However, you may have a defense to a lawsuit if the suit is filed maturely. You should get a formal opinion from a lawyer to protect yourself.
Buyer and seller entered into vague offer to purchase property in April. No further word from buyer until seller sent letter in August, stating all offers/ contracts have been rescinded. Buyer then called with closing date, saying he'd sue for breach of contract. Is offer to purchase a... View More
answered on Sep 12, 2019
You need a lawyer to review the actual exchanges. If an offer was accepted, it is a contract from that moment on, and it follows its terms until completed or breached.
The seller returned several times a few weeks after the sale to take items from the mobile home yard and patio. Now, over a year after the sale, the seller returned to claim items in a outside shed. In the process,the previous owner cut off a lock on the shed and started to remove items. The... View More
answered on Sep 10, 2019
What's required is a contract review. In most sale of real estate contracts, there is a provision that items on the property except for a list in the contract convey to the buyer. If not, the common law of bailment probably applies, and the buyer became a gratuitous bailee of the goods. He may... View More
answered on Sep 6, 2019
This is actually fairly common in parts of the United States. Baltimore has a long-standing tradition of selling houses that sit on land held by long-term lease. But, such situations can be quite complex. They can also be the basis for a fraud or a non-fraudulent misunderstanding that means you pay... View More
I have asked him to leave several times, but he has refused because he says he doesn't have the money. In Virginia would my nephew be considered a "Tenant at Sufferance" and could he be evicted without notice?
answered on Sep 4, 2019
I think your nephew would be considered as a "guest" or an "invitee" rather than a "tenant.' What ever way he is described, if you want him out of your premises, you will need to follow the requirements of Virginia law and eventually file an Unlawful Detainer to seek... View More
Should the sheriff be called if non-will-designated siblings try to move into the
House?
answered on Sep 2, 2019
Your question - including abbreviations - is too cryptic and lacks enough information for a complete answer. Restate with enough information (use "A", "B", "C" to designate individuals, such as "A" died and in her will . . . "
The mortgage bank (Wells Fargo)will not allow any modified (smaller) payments, will not work out any forbearance plan until the total amount past due is paid first. The home just went into foreclosure. As homeowners can we still put the house for sale and pay off the bank loan before the house is... View More
answered on Aug 22, 2019
You need to get it sold before the foreclosure sale, and a lawyer can often get the bank to wait for a sale. If the mortgage is greater than the sale price, it is called a short sale, and that is also possible. You need to move on it responsibly now, but you do not need bank consent unless they... View More
answered on Aug 20, 2019
Follow-up: If the Landlord failed to comply with the specified Virginia Code section regarding the move-in inspection, the tenant may have a right to go to court by filing a lawsuit and claim a breach of contract with a demand for the return of the security deposit as well as any other damages... View More
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