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Virginia Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Civil Litigation for Virginia on
Q: Would I be eligible to countersue for falsification of signatures on the purchase of a house

I bought a house with my partner (we are not married). She and I ended up separating.

I found out that she falsified signatures in the purchase of our house in 2018. Furthermore, in 2017 she left the property and did not pay any of the mortgages. Since that period I've made... View More

Richard Sternberg
Richard Sternberg
answered on Jun 3, 2021

You probably needed a lawyer when you made the agreement, and you certainly needed a lawyer when your partner in the house and you ended your social partnership. You also need a lawyer to interpret the agreement in light of the facts and the contributions of the parties. That consultation will be... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: I was falsely accused of smoking in my apartment. What are my options?

I was falsely accused of smoking in my apartment when I am a non-smoker. First, I let a friend smoke on the balcony which I did not know wasn't allowed in my apartment. I apologized but was given a 21/30 to cure the smell (which of course there was no smell in my apartment), so I cured it... View More

F. Paul Maloof
F. Paul Maloof
answered on Jun 2, 2021

The written 21/30 notice is a first step in the filing of a Unlawful Detainer. The folks who are accessing you of the smoking have the burden of proof so you should go to court and deny their claim and put them to the test. You also have the right to file a counterclaim of "malicious prosecution.:

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: If a tenant's lease states that it may be auto-renewed if notice isn't given 60 days prior to the end of a lease...

Can the landlord opt to not renew the lease within 30 days of the end of the term? Or change the term to a month to month lease?

F. Paul Maloof
F. Paul Maloof
answered on Jun 1, 2021

In Virginia, the automatic renewal provisions contained in a residential leas are binding on the tenant and the landlord. One party to the lease, such as the landlord, doe snot have the right to unilaterally change the lease to a month-to-month tenancy.

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1 Answer | Asked in Real Estate Law for Virginia on
Q: If three people with undivided ownership in property disagree on who is allowed on the property, how is that resolved?

In the state of Virginia, three people own an undivided interest in a private road. Other members in the community have a deeded right to ingress and egress over the road. Two of the three owners want to prohibit community members from storing/parking on the road. There are community members... View More

Richard Sternberg
Richard Sternberg
answered on May 30, 2021

The answer probably depends on the deed language and possibly any other recorded agreements, and it might depend on long-term use and interpretation of that language, as well as possible claims of adverse possession. Basically, it the three owners or the owners of the rights of egress and access... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: We were under contract to buy and close on a house June 10th. The guy backed out after his appraisal. Can we do anything

We had offered $5k more then appraisal value and he had accepted our offer and we were ratified.

Richard Sternberg
Richard Sternberg
answered on May 26, 2021

Huh? You need a lawyer to read this contract. Generally, it is the BUYER who has the right to back out if the property doesn't appraise for the loan, because the transaction cannot be completed without the loan, so the contract includes a clause letting BUYER escape. It's got to be a... View More

1 Answer | Asked in Employment Law, Estate Planning and Real Estate Law for Virginia on
Q: Why do people sometimes try to avoid going to court by settling? In other words, what is the fear?
Richard Sternberg
Richard Sternberg
answered on May 24, 2021

Losing?

Major legal expense?

Inability to collect?

Witnesses forget the facts?

Party says something stupid?

Risk... risk... risk.

1 Answer | Asked in Real Estate Law for Virginia on
Q: I am in negotiations with my 2 sisters for purchasing my dads home. I already own 1/3rd.

Is it legal for them to put in the contract that if I sell the house before 10 years that they get part of my profit over 250,000 less the price of the home and any renovations?

Richard Sternberg
Richard Sternberg
answered on May 23, 2021

Why would you agree to such a term? You can settle on just about anything as long as the settlement doesn't cause you to commit a crime, but why agree? You would be paying your sisters full value as the property has now and then give them none of the loss but a portion of the gains over ten... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: How can a company garnish my wages twice?

I moved out of a apartment complex 6 years ago because they had bed bugs and would only do one apartment at a time and the bed bugs will travel,

So 4 years later they garnish my wages for $700+ now they are garnishing me again for the same amount they took my $799 deposit when I moved.

F. Paul Maloof
F. Paul Maloof
answered on May 6, 2021

In Virginia, the law that effects the garnishment of wages and/or bank account has a set period of 180 days before the matter goes to court. If the full amount of the judgment is not satisfied by the initial garnishment, the judgment creditor has the right to file a second garnishment to seek the... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Q: My fiancé signed a lease of a trailer in a mobile home park but are now finding issues that we had no knowledge of.

We just found out the air ducts in our home are pulled out of place and two rooms are not getting the air (it’s literally just pouring AC out under the home), and many other small things that weren’t noticeably to the eye during a walkthrough

F. Paul Maloof
F. Paul Maloof
answered on Apr 28, 2021

Your course of action is to call the Office of Housing Code Enforcement for the city/county in which the premises is located and make a formal Complaint.

1 Answer | Asked in Real Estate Law for Virginia on
Q: My husband and I divorced in March 2019. In Sep 2019 he passed away. Prior to his death he had signed a pocket deed.

Giving the property to me. The mortgage for the property was in his name. What happens if I stop making mortgage payments. My name is not on the mortgage, but is on the deed.

Thank you,

Richard Sternberg
Richard Sternberg
answered on Apr 16, 2021

If there is a valid mortgage lien on the property and the loan isn't paid, the lender will foreclose its equity. If you were not on title and of record before the mortgage recording, their claim would be unaffected by you. You might be entitled to the excess after foreclosure, if there is any,... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: I'm thinking of buying the property that I currently rent. It us a multi family unit w/ month to month lease.

I would like to remodel it into a single family home. Am I allowed to terminate the lease of the 2nd family after my loan is approved? Since it is an FHA 203k loan what are my options during the COVID-19 pandemic?

Richard Sternberg
Richard Sternberg
answered on Apr 11, 2021

The lease is a binding contract. You need to review that lease carefully for its termination provisions, and then you need to check both state and local landlord-tenant law about tenant rights. There are three specific areas to research: 1) whether the tenant has a right to holdover, which often... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: If a co-signer dies, what happens to the loan?
Ross Cameron Hart
Ross Cameron Hart
answered on Apr 10, 2021

The loan is still in force - the other individual will still be responsible for payment. It is also possible that the estate of the person who died will have to pay it - and in turn could require the other borrower to repay the estate. Every case like this is different and a lawyer should be... View More

2 Answers | Asked in Bankruptcy and Real Estate Law for Virginia on
Q: I filed for bankruptcy in TN in 2012 in TN. We bought a house in 2017 (in VA) with only my husband name on the deed.

I want to add my name on the deed now. Will my old collectors be able to put a lien on my house now? How do I know for sure that all the debts were wiped completely off with the bankruptcy?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 7, 2021

If you listed all your "old collectors"/creditors names and addresses on your prior bankruptcy schedules filed with the court, and the bankruptcy court has entered its Order of general discharge, then you're good/safe, and if any of your old discharged unsecured creditors attempt in... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Jointly own land with brother he passed do I become sole owner?

Dad passed no wife my brother and I jointly inherited his 5 acres he had no will when I was 19 and he was 16. I got married at 20 he got married as well he passed in car accident do I become sole owner?

Richard Sternberg
Richard Sternberg
answered on Apr 4, 2021

The answer depends on the title on the land, but I doubt that you are using the term “jointly” correctly. If you were in title as joint tenants with right of survivorship (JTWROS), often called “joint tenants,” then you came into title alone (at least in Virginia) upon his demise. But, if... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: So even though it was an email and not a physical letter? And there isn’t 31 days in April. Only 30. So what about that?
F. Paul Maloof
F. Paul Maloof
answered on Apr 1, 2021

Email is considered by the courts as written notice, especially if the lease provides for such notices to be sent by email. As long as the date of the notice was the day before the ;last day of the month, the termination date the the last day of the following month.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: My old landlord sold my house I’m living in to a rental company in February but my lease didn’t expire until March 31st

I was told I had to pay the new rental company March rent since they now own the house. However, the new rental company sent me an email saying I have 30 days to vacate because they are not renewing my lease. They said I have until April 31st to move out completely. Since my lease ended March 31st... View More

F. Paul Maloof
F. Paul Maloof
answered on Apr 1, 2021

In Virginia, the owner/landlord of a property which is rented to a tenant has the right to sell the property to another party. The new owner is obligated to respect the current lease until the lease term ends. Based on what you stated, your lease's term ended on March 31, 2021 and the lease... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Virginia on
Q: Can you stay at the house of a relative if they don't want you to? Isn't that illegal?
Richard Sternberg
Richard Sternberg
answered on Mar 29, 2021

Maybe. I need more information. Is the person staying a spouse? Is it a dependent child? Even if there is no duty of support, criminal law only becomes involved if there is a crime, such as breaking and entering or trespass, so calling the tenancy illegal stretches the common meaning of illegality.... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can I withhold security deposit as penalty for early lease termination?

My tenants are diplomats. They were scheduled to move in April 1st and stay for a few years. They signed lease, paid 1st months rent and deposit. They informed me that they are being recalled to their country and can only stay one month. I may not be able to enforce the lease due to immunity... View More

Richard Sternberg
Richard Sternberg
answered on Mar 18, 2021

You may also be able to enforce the lease, though you cannot do it the normal way. I cannot help you if the tenant works for the European Union Delegation to the United States, since I represent them in real estate, but it can be done correctly. You may also account to the diplomat in the normal... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Is it legal in VA for a real estate listing to claim more bedrooms than the property septic is approved for?
Ross Cameron Hart
Ross Cameron Hart
answered on Mar 13, 2021

If the agent HAS KNOWLEDGE that the house has more bedrooms than the septic rating, then it could be an issue.

HOWEVER, no agents that I know (including one of the top five in my area) look at the septic certification before the listing. Agents rely on what the seller tells them (and they...
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1 Answer | Asked in Real Estate Law for Virginia on
Q: in a bank foreclosed property sale does the bank have to provide a property survey

does the bank have to provide a survey of a property under Va law

Richard Sternberg
Richard Sternberg
answered on Mar 6, 2021

To whom? Why? How will it be used? If you are the foreclosed party, you lost your rights to the property at the foreclosure. If you are the bidder, foreclosure sales are usually "as is" with all risks to the bidder. With all the extra foreclosures soon to be on the market, banks may find... View More

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