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Virginia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Virginia on
Q: When putting in an offer on a home as the buyer is it my responsibility to give a dollar amount for closing costs in Va
Richard Sternberg
Richard Sternberg
answered on Jan 14, 2019

No, your offer should simply describe your offer in sufficient detail to be unambiguous. The allocation of closing costs is adequately described in every standard local or state contract form I have seen, though there are often other provisions that should be changed, such as extraordinary... View More

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Virginia on
Q: How long is the unlawful detainer process against a family member, in Virgia Beach?
F. Paul Maloof
F. Paul Maloof
answered on Jan 9, 2019

My office is in Alexandria City. I have no experience with Virginia Beach. Sorry.

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Virginia on
Q: Can I kick my adult son , his girlfriend and her kids out of my house. They were supposed to leave before Jan 1

My adult son moved in with me after he got out of jail. He does not pay for anything or have a lease. He moved his girlfriend and her kids inand then gave me a sob story when I said for them to leave. A verbal agreement gave them until January 1 to leave and now they will not go. If I cannot... View More

F. Paul Maloof
F. Paul Maloof
answered on Jan 9, 2019

Generally, family members are not considered tenants, however, if you want to make them vacate the premises, you will have to proceed with the requirements for an unlawful detainer in court since self-help, such as refusing the use of the washer and the kitchen, is prohibited in residential lease... View More

2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Virginia on
Q: Can a former landlord sue for damages if he didn't notify as per required under the contract, hence then there are none?

I am suing in VA small claims for my sec deposit back because he never afforded me a walk thru, then it was only after I contacted him many months later about my deposit. He then said oh there is no money and then said, I actually owe him. I demanded my money and filed a suit. If I win as per the... View More

Andrew Strickland
Andrew Strickland
answered on Jan 9, 2019

Question: "If I win as per the terms of our contract (no proper notification,, no communication until way way later, no nothing) do the damages still exist then to sue me later?"

There's a few things going on with your question and some assumptions that I need to make in...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Received summons for unlawful detainer.Plaintiff decided to ask the judge to dismiss the case.do i need appear on date

Unfortunately i forgot to pay rent on time for Dec 2018. I paid the rent 2 days later via personal Check. Meanwhile management had added a late fee to rent amount & as per my request, manager waived off that late fee and told problem is solved as the rent is paid. But after 10 -15 days, I... View More

F. Paul Maloof
F. Paul Maloof
answered on Jan 8, 2019

To be safe, I would appear at court to make certain the case is dismissed.

1 Answer | Asked in Real Estate Law for Virginia on
Q: I rent a apartment in Norfolk, VA. My lease is up Feb 28, 2018.

My lease said that he must give me at least 90 notice to increase the rent or change the terms. He only gave me 83 days notice. Can I make him stick to the old terms and not raise my rent?

j. Cancellation and Renewal of Lease: Either party may terminate this Lease effective as of the end of... View More

Richard Sternberg
Richard Sternberg
answered on Dec 27, 2018

Virginia courts are most likely to enforce leases exactly as they are written. You may, however, need to defend your position in court, and that may cost more than the amount in dispute. Most of the cases before the judge will have little or no defense, and there will be a large number of cases, so... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: If my lease is up on January 26th and the rental office has not sent a renewal notice to me, do I have to pay February

rent?

Richard Sternberg
Richard Sternberg
answered on Dec 26, 2018

The answer depends on what the lease says as to whether you can depart the lease on January 26th with no further obligations. If you are asking whether you may stay as a free permanent guest of the landlord because he fails to produce a renewal timely, that also depends on the lease, but it is... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Q: Can a jointly and severally liable clause be applied to me if a prior renter defaulted before I joined?

I joined into a lease to replace a person that vacated under default. The landlord did not disclose the fact that money was owed for the default when I joined the lease. Can I be held liable for the unpaid rent and broken lease fees?

F. Paul Maloof
F. Paul Maloof
answered on Dec 26, 2018

It depends on how the lease is written, but if you replaced the other person, who may be held liable for the default.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Piggybacking off of my last question, would that also cover cabinets/countertops? Stated in the description below.

Can I be charged for items being renovated if the apt plans to use the old items (carpets, cabinets) in another apt?

I talked to a representative and she told me they plan to save as much as possible for other apartments and I will be charged for any damages to those. I have lived in my apt... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 26, 2018

Possible.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Can I be charged for items being renovated if the apt plans to use the old items (carpers, cabinets) in another apt?

I talked to a representative and she told me they plan to save as much as possible for other apartments and I will be charged for any damages to those. I have lived in my apt for 18 months and have small children so stains are inevitable. I am not trying to shirk my responsibilities but if they are... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 26, 2018

I have never heard of a landlord or landlord representative removing carpeting from one rental unit, reinstalling it in another unit and charging the tenant for the unusable carpeting. Generally, carpeting is a depreciable asset and the landlord is not entitled to charge the tenant for replacing... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Garnishment Hearing

I’m a landlord and evicted my tenant for non payment of rent and received a judgement from the court. I then issued a garnishment summons to the tenant and her employer. I set the hearing for 3 months later and was told that during this timeframe the employer should be sending the garnishment to... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 14, 2018

At a garnishment hearing, the court will hand over any checks received from the employer. If the employer does not provide any checks, you can ask for a Rule to Show Cause. The employer and/or the defendant do not have to appear at the hearing.

1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Q: What Virginia law, requires a Homeowners’ Association with a court recorded Declaration, to have a Board of Directors?

Are bylaws required authorizing and defining the Board of Directors? Are bylaws required to authorize and define officers? Is a defined and authorized voting procedure required? What law requires them?

F. Paul Maloof
F. Paul Maloof
answered on Nov 26, 2018

You should review the Property Owners' Association Act, which is codified under Virginia Code Sections 55-508 through 55-516.2. The Act is multifaceted with provisions and may provide answers to your several questions.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: I live in public housing in Roanoke Virginia can I stay if the letter for notice reservation was delivered 11 days after

On October 26th I was talking to court for non-payment of rent from Roanoke Redevelopment and Housing Authority public housing on November 5th I paid the payment in full and thought everything was fine until I got a notice to vacate the premises by the Roanoke Sheriff's Office on November 15th... View More

F. Paul Maloof
F. Paul Maloof
answered on Nov 20, 2018

Based on what you stated in your message, it sounds like everything was done correctly by the landlord.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Who receives escrow after sale? The previous owners or new owners?

My husband and I sold our house to an investor who took over the mortgage and then paid off the mortgage in full. He will resell the house and receive all proceeds from the house. My husband and I received an escrow check in the mail and need to know if legally it is ours or if it goes to the... View More

Vincent Gallo
Vincent Gallo
answered on Nov 16, 2018

Whoever may be entitled to the escrow pursuant to the terms of the contract or, alternatively, pursuant to the terms of an executed escrow agreement.

2 Answers | Asked in Real Estate Law for Virginia on
Q: The officers of my HOA claim they are the Board of Directors despite never having been elected.

The HOA has no bylaws: no directors have been defined and approved, no officers defined and approved. There has never been an election of Directors. There is no voting procedure documented. The nominal officers claim to be the Board of Directors. Is this claim valid? The Board of Directors meeting... View More

Richard Sternberg
Richard Sternberg
answered on Nov 16, 2018

Virginia Law has soecific requirements for the creation and recordation of a condominium association or homeowners association. It is highly unlikely that the situation you describe is factually accurate. Get a lawyer to run a title search and read the Declarations, which are required to be... View More

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Virginia on
Q: Can a private individual own a state road?

A year after purchasing my home I found out that the neighbor across the street owns across the road and about 10 feet onto my front lawn, along the the entire front of my property. We have a deeded right of way, which we believed to be with the town, as there is an old road bed there. We have done... View More

Richard Sternberg
Richard Sternberg
answered on Nov 13, 2018

It is possible for a private individual to own the land on which a right of way is given to another. Many jurisdictions prohibit creating and selling parcels that are “landlocked,” but it sounds like yours isn’t. Often, though, the neighbor’s claimed rights don’t match the recorded... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: if you are joint owner in a property with your spouse can he sell your property without your consent?
Richard Sternberg
Richard Sternberg
answered on Nov 12, 2018

No. Your signature is needed on the deed.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can I sue my real estate agent and inspector?

I purchased a home in 2013, I saved for 5 years for Vinyl siding. Now that the contractor has started he has found all kinds of rotten wood that took years to rot. He said the inspector should have found all of this with his inspection. It is coming up to 40k to get fixed. What can I do? Who... View More

Richard Sternberg
Richard Sternberg
answered on Nov 10, 2018

As to the Seller or the realtor, the question will be whether the rotten wood was known or should have been known and whether it was concealed by the Seller or the realtor. If you didn't know about it for five years, you might have a tough time proving that they knew about it, but I can think... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Easement by a previous lender.

I am buying a lot in VA, there was an easement on the driveway by a previous lender. There is No lender now, do I need to nullify the deed of easement ?

Richard Sternberg
Richard Sternberg
answered on Nov 7, 2018

You need a title search, which it sounds like you have. You need the easement read by a lawyer to determine whether it expired with the release of the note by the prior lender. If it did not, you need to get the lender to record a release of the easement, or you need to file an action to quiet... View More

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Q: Month-to-month since 2013 w/higher monthly rate. Just told of new offer, $600 more/mo or sign year lease. Can LL do this

2010 had lease for yr, renewed one more (higher rate); Spring 2013 end of lease, then month-to-month ever since. Recently, I kept inquiring if ofc (apt bldg/property) would enforce parking/towing since garage I pay $110/month for often has violators. Also recently had dishwasher problems,... View More

F. Paul Maloof
F. Paul Maloof
answered on Nov 2, 2018

Under the laws of Virginia, the Landlord has the right to increase your rent on a month-to-month tenancy on a 30 day written notice. Your right is to move out and not pay the increased rent. If you remain in the premises, you are obligated to pay the increased rent.

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