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Virginia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: What is the definition of lease term?

After proper notification of termination of Virginia Association of Realtors Property Management Agreement, can prior property manager continue to collect management fees after new lease agreement is made with tenant by new property manager.

Richard Sternberg
Richard Sternberg
answered on Apr 5, 2022

It depends on what the contracts you signed said. Either read them yourself or retain counsel to help you understand them. It's not a bad idea to read them before you sign them, too.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Ez-fiancee name on mortgage loan (as well as mine) but the deed is in my name only.

I have kept payments current in the mortgage for 3.5 yrs but would like to re-finance it in my name only. Do I have to get permission from him to do this? A bank is telling me he has to sign a form

Ross Cameron Hart
Ross Cameron Hart
answered on Apr 4, 2022

I start with the general principle that banks are stupid, and the bigger the bank the stupider they are.

To clarify: When you bought the property the seller delivered a deed which lists ONLY you as the grantee (buyer). To finance the purchase both you and your then fiancee was on the loan...
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1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: short term 6 month lease was broken by tenant. deposit returned, had to pay broker fee to recruit new tenant. lawsuit

short term lease six month. Renter purchased a home 4 month later. Security deposit returned. I had to pay $,3000.00 broker fee to recruit new tenant. Now she has filed a lawsuit . Looking guidance

Richard Sternberg
Richard Sternberg
answered on Mar 29, 2022

Your description is not sufficiently clear. The tenant broke the lease. Nevertheless, you chose to return the full deposit without deducting for the rent or brokerage damages. Now, the tenant is suing you? Regardless of whether I understood you, you need a lawyer to review the facts. Perhaps it is... View More

1 Answer | Asked in Real Estate Law and Tax Law for Virginia on
Q: Exemption code and title of deed transfer when selling to family so that you are not charged taxes

I sold a house to family and trying to change the deed from my name to theirs. I was told by the record's office that a General Warranty Deed would charge me taxes and that I needed to add an exemption code and use the correct title.

Shafeek Seddiq
Shafeek Seddiq
answered on Mar 25, 2022

I recommend you go see a real estate lawyer near you to explain how this can be done.

2 Answers | Asked in Estate Planning and Real Estate Law for Virginia on
Q: Should Dad's house be included in his will or should it be listed separately?
Shafeek Seddiq
Shafeek Seddiq
answered on Mar 21, 2022

It depends on what your dad wants. What does separately mean? I would recommend your dad reaches out to an estate planning lawyer and explain what he wants. Then, the lawyer can tell him what estate documents he needs.

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1 Answer | Asked in Real Estate Law, Collections and Probate for Virginia on
Q: When a resident of Chesterfield , VA dies, never married or had any children, are medical bills automatically wiped off?

The decedent passed away in 2021 and we were told that the medical bills had to be paid off regardless of the passing away.

Richard Sternberg
Richard Sternberg
answered on Mar 15, 2022

Yes, the bills have to be paid ... but not by you. The creditors may file a probate estate for the decedent and/or file a claim in an existing estate, and they may get paid from the estate assets. Far more rarely, if the medical treatment was "necessary," which medical treatment is... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: My condo has deemed window guards (metal) a violation they were installed many years before I bought 20 years ago.

bought condo in 2002 window guards looked old then and are set in the brick like it is an original feature. I have never heard a word until 2 weeks before my closing of selling my condo. There are several other windows with metal bars including storage rooms owned by the condo. Should I be... View More

Richard Sternberg
Richard Sternberg
answered on Mar 14, 2022

There is no way to answer your question other than to review all the documents. I can, however, note that, like the First Amendment, the prohibition on ex post facto laws binds the federal government, not your condo board.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Landlord - Tenant for Virginia on
Q: My landlord has given me a 60 day notice to leave as he “wants to sell” the home. We have been here a year and lease is

About to expire. I’ve talked with previous tenants and the landlord has done the same to them and refused offers that was given to buy. What can I do to stay?

Steven Krieger
Steven Krieger
answered on Mar 13, 2022

It depends on the specific language in your lease agreement. If there's a provision that permits the owner to terminate the agreement for purposes of a sale, then you're in a more difficult position. I'm sure anyone who responds would be happy to hep if you'd ie to hire an attorney. Good luck.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Virginia on
Q: I am the trustee of mother’s estate & beneficiary of her house. Upon death, can I transfer it to my son directly?

She has dementia. I want my son to have the house instead of me. Would he be able to inherit it at the stepped up value?

I was hoping I could just change the title from my mother’s name to his.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Mar 2, 2022

The phrasing of your question is a bit confusing. An estate does not usually have a trustee, the personal representative of an estate is either an executor or an administrator. It is possible for a pour over will to automatically transfer assets into an existing trust, such that the trustee of... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Elder Law and Libel & Slander for Virginia on
Q: After living & caring for mom in her home for 11yrs,mom's moved to care facility.Sis,sole trustee,wants me (age 71) out

Sis said in writing I could stay till Apr 1. Feb 28 got 30 Day Notice to Quit that said I was staying without permission. Clearly a lie. Any consequences for her lying to obtain notice? On Feb 1, Sis said I would be responsible for a number of bills as of that date including utilities. She... View More

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2022

I don't think there is much of anything a lawyer can do without getting involved in the situation and learning the personalities and the history. There are plainly things you can do, but many of them involve putting up a defense. At 71 and living with your mother, you may not have the... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Virginia on
Q: My neighbor continues to encroach on my property, destroy boundary fences, and harass me and my fiance.

These issues have gone on for over 4 1/2 years. The police and the county are limited in what they can do to stop him. At this point, I know only the courts will be able to stop him. I have over 4 years of video proof to prove my claim. I have survey markers down that I paid to have done to show... View More

Richard Sternberg
Richard Sternberg
answered on Feb 23, 2022

Retain counsel to file suit for damages for trespass and to enjoin future trespasses, and have counsel send a no-trespass letter which will later support a criminal complaint for trespass. Don’t try doing this alone.

3 Answers | Asked in Real Estate Law for Virginia on
Q: Hello i have a property that i was buying threw a rent to own contract my name was added to the deed. then lady passed

The family is trying to sell it and can't because the lady added my name to the deed. do i have rights to the land and what should i do. The family wants me to sign my name off it. I refuse because I have money invested in the property. In the event of her Death and she has no will would that... View More

Shafeek Seddiq
Shafeek Seddiq
answered on Feb 20, 2022

It is confusing to understand the relationships without looking at the deed to show how you both owned the property, and the rent to buy contract to learn what these documents say. There are answers, but unfortunately, no easy ones. Take these documents to a real estate lawyer and or probate... View More

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1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: My grandparents passed away intestate years ago in Virginia. My mom & uncle, the only children of my grandparents,

Decide to move together into the home left by my grandparents . The home had no mortgages & they split the bills & taxes evenly.Switching the deed of the home over was done easily at the courthouse where my grandparents names were removed and their children's were added in their... View More

Shafeek Seddiq
Shafeek Seddiq
answered on Feb 18, 2022

It all depends on the deed, it could go to your mom by right of survivorship, or after probate, either you mom buys out the heir(s) of your uncle or sells/partition. However, the best option is to take the recorded deed to the probate, estate, real estate lawyer nearest your mom to review and... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: I an a general manager of hotel. There is a guest/tenant, that had posted a no trespass on his door stating violators

Wi be executed. I already have a protective order against him due to his threats towards me, and him assaulting my maintenance man. Is that legal here in VA to put up such a sign?

Richard Sternberg
Richard Sternberg
answered on Feb 12, 2022

Sounds like the crime of Threats, but I don’t cover much Virginia criminal code. You might just call the police. But, if we’re talking about civil law, we’d need to review your hotel contract. After Las Vegas, it’s very unlikely that you have no right to enter your hotel rooms after... View More

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Virginia on
Q: How do I remove an unlawful detainer/eviction from my public record, after it has been marked "satisfied?"

The unlawful detainer/eviction is a little over 7 years old. And the case was deemed satisfied in 2018.

F. Paul Maloof
F. Paul Maloof
answered on Feb 3, 2022

You can make a claim under the Fair Credit Reporting Act. Negative information must be removed from your file after seven years.

1 Answer | Asked in Real Estate Law for Virginia on
Q: If a landlord of an office building doesn't keep up the maintenance (elevator and leaky roof) can I get out of my lease.

I am losing clients=$ because of this. There are 1.5 years left on the agreement. I am not sure I can afford to stay. Any chance I can recoup any of the lost revenue?

Richard Sternberg
Richard Sternberg
answered on Feb 2, 2022

In a commercial lease (and, to a lesser extent, in a residential lease) the answer starts with a lease review. Without reading the responsibilities of the landlord and the tenant memorialized in the lease, there is no possible accurate answer. Contrary to popular belief, commercial leases are not... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Hello, My friend’s husband unexpectedly passed away 3 months ago. He and his mom were co-tenants on a mortgage for

an apartment where my friend lived with her husband. Now that the husband is gone, the mother is insisting that the apartment belongs to her, and is not even considering sharing any of the money from the sale. There was a will but it was not properly signed. Does my friend have any right to this... View More

Richard Sternberg
Richard Sternberg
answered on Jan 27, 2022

First of all, who is on the mortgage loan or the deed of trust isn't relevant. The incomplete and unsigned will is probably irrelevant, though Virginia has some holographic will law that might apply. What generally matters is the deed. If the deed was joint tenants with right of survivorship... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can 1 unit in a self managed condo (top-bottom) have exclusive rights to backyard w/out having plat or doc notarized?

Bought a “self managed condo”. 2nd unit claims ownership of yard. Plat is certified by engineer but not recorded by city.

Richard Sternberg
Richard Sternberg
answered on Jan 7, 2022

The plat is merely a resource. Review the deeds or get a lawyer to help.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Federal Crimes for Virginia on
Q: VA Intestate Probate, on day of death, Spouse moved all money out of decedent's businesses he did not own any of

Spouse had wife own businesses while she was alive because he had "no credit", got huge loans in her name as guarantor, sometimes under false assertions about losses (SBA EIDL), acted as manager in member-managed LLC without being a manager or member, after 23 years of marriage used... View More

Richard Sternberg
Richard Sternberg
answered on Dec 14, 2021

Your description requires a series of follow-up questions, but other than the car registration, I don't see anything that is likely to excite a prosecutor. There may well be a question of undue influence or competence at the time she signed everything over to him, but you will likely need to... View More

1 Answer | Asked in Construction Law and Real Estate Law for Virginia on
Q: A faulty mechanics lien was put on our house. We had an addition put in over 10 yrs ago. The contractor never finished.

After 60 days we wrote the contractor to fire him so we could get another contractor to finish the project. Found out the first contractor was not a certified contractor. First contractor put a mechanics lien on our home, stating we owed him $2,000 for a cement patio. This patio under the contract... View More

Steven Krieger
Steven Krieger
answered on Nov 22, 2021

You have to file an action to clear the title in Circuit Court. Of course, you could send a letter or have an attorney send a letter to the contractor explaining that if he doesn't remove the lien, you're going to ask the court to award you attorney's fees for the effort and filing.... View More

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