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Virginia Contracts Questions & Answers
1 Answer | Asked in Construction Law and Contracts for Virginia on
Q: Pool install-can we withhold final pymt until PROJECT completion without penalty? Contract says on concrete completion.

Contract states Final due on concrete Completion but we are getting paver coping instead of concrete. Still a huge piece of the project to be finished. Don’t feel it’s fair to give full payment with a large piece unfinished and unscheduled.

Steven Krieger
Steven Krieger answered on Sep 15, 2021

Contractually, you're likely obligated to make the payment. However, you may be able to renegotiate on your own or with the help of an attorney for different milestones and payments. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Contracts and Entertainment / Sports for Virginia on
Q: I recently got a record deal for distribution through universal just wondering if someone could look over it for me
Steven Krieger
Steven Krieger answered on Aug 28, 2021

Sure. If you email it to me, I can take a quick look to give you a quote to review in full.

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: I signed my lease renewal and my leasing manager voided the document after I submitted it. What are my options?

I was sent my lease renewal documentation the week before my current lease's end (Sept 2nd). I signed the Docusign and submitted it electronically on the 25th. The next day, I received an email notice saying that the document was voided by my leasing manager due to "incorrect rental... Read more »

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

If both the landlord and the tenant signed the lease renewal, it is a binding contract by which both parties to the lease must abide.

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: After rental assistance payment is made to apartment complex, can they still refuse to renew month to month lease?
F. Paul Maloof
F. Paul Maloof answered on Aug 20, 2021

In Virginia, the landlord can terminate the month-to-month lease by giving a 30 day written notice to the tenant/occupants. The acceptance of rent applies only when the landlord has given the tenant a notice to pay or quit for a failure to pay rent and then the acceptance of the rent must be... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Refuse to renew lease - seeking help for family member who is on a month to month lease

due to COVID, rental complex will be receiving rental assistance payment but gave notice 8/17 that lease will not be renewed and they must vacate as of 9/5th

F. Paul Maloof
F. Paul Maloof answered on Aug 20, 2021

In Virginia, the landlord or the tenant has the right to terminate a month-to-month lease by giving the other party a 30 day written notice.

1 Answer | Asked in Contracts for Virginia on
Q: As an event vendor, can I cancel a contract if I issue a full refund of the deposit that was made to hold their date?

Can I cancel said event if they were late are their second payment and I have reminded them 4 times when it was due? Do I need to give a reason on why I will no longer provide services for them? I want to cancel the contract but I have every intention of still refunding the non refundable retainer... Read more »

Steven Krieger
Steven Krieger answered on Aug 14, 2021

Probably. As long as the customer can find another vendor in time, the customer probably won't care, but you should certainly get a waiver/release agreement in place in exchange for the refund. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Contracts for Virginia on
Q: I breached an NDA and I got a cease and desist, how can I save my business
Steven Krieger
Steven Krieger answered on Jul 28, 2021

It really depends on the content of the NDA and what you have done. Maybe it wasn't even a breach. You probably want to hire an attorney to review the NDA and the cease and desist letter. I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Contracts for Virginia on
Q: In Virginia we were awarded a judgement by the court The order does not show interest. Does it still collect interest
Steven Krieger
Steven Krieger answered on Jul 14, 2021

Yes, by statute, you are entitled to 6% from judgment date. If you need help with the collection process, I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Car Accidents, Traffic Tickets, Wrongful Death and Contracts for Virginia on
Q: My mom was killed in an accident in which the other driver got the failure to yield ticket his ins wants 2 settle for $

BUT he isn’t @ fault & we have to pay the medical bills

We don’t want that

Communication btwn lawyer & family is not working

What can we do

Jan F Hoen
Jan F Hoen answered on Jul 10, 2021

If you have an attorney already, it would be best to schedule an appointment to discuss your concerns in person with them.

If you do not have one yet, I would recommend retaining someone experienced with personal injury.

My firm’s website also has helpful tips on what to do...
Read more »

2 Answers | Asked in Contracts and Civil Litigation for Virginia on
Q: What steps should I take involving a leased car that has not been paid for, and purchaser is keeping car from me?

Sold a car to a former coworker in January 2021. A written agreement was signed stating she would make monthly payments until paid in full, and if she did not pay we would be picking up the car. She has not paid in 4 months, and she will not tell me where the car is located so we can pick it up. So... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jul 7, 2021

Step 1: Send the debtor a written demand letter.

Step 2: File a lawsuit in the court in the jurisdiction in which the debtor resides.

Step 3: Go to court and seek a judgment for the outstanding debt.

View More Answers

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: I signed a lease that was then signed and executed by the landlord. 8 days later the landlord informed me that the

previous tenant was on a month to month lease and had decided to not vacate, and was not planning to vacate anytime soon. They said the apartment is no longer available. I believe this is a violation of Virginia State Statute 55.1-1238 of the Virginia Residential Landlord and Tenant Act for failure... Read more »

Steven Krieger
Steven Krieger answered on Jul 3, 2021

Yes, you are correct. The question for you is whether you are trying to terminate the agreement or enforce the agreement, so you can take possession. If you decide to hire a lawyer, I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Contracts, Criminal Law, Internet Law and Juvenile Law for Virginia on
Q: Can they take my daughter or me to jail for fraud

My daughter had an Instagram (made her delete it) she’s 16 and wants to become a model. Someone approached her saying they were a company, everything was pretty suspicious from what i saw. She said she was interested and filled out a form asking about measurements, phone number, address, model... Read more »

Steven Krieger
Steven Krieger answered on Jun 1, 2021

A contract with a minor is usually unenforceable and it doesn't seem like a criminal violation if they gave her the money (as opposed to her stealing the money). If she's contacted by law enforcement, reach out to a lawyer ASAP. I'm sure anyone who responds would be happy to help. Good luck.

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 Contracts for Virginia on
Q: If a company does not complete a job within the specified timeframe does that constitute a breach of contract?

I placed 50% deposit almost 6 months ago. Would I be responsible for the remainder of the job is not completed by the deadline?

Steven Krieger
Steven Krieger answered on Mar 6, 2021

It really depends on the specifics of the job and the terms of contract. If the contractor is 1 day late that probably would not be a basis to cancel the entire contract unless there was very specific language in the agreement. You should have an attorney review the agreement with you and I'm... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Wife has RTO notarized contract on home from step dad. He was diagnosed with cancer and has days. Is contract good stil?

They had a contract notarized and we’ve made every monthly payment on time and have receipts. Her stepdad was sick and went to hospital and diagnosed with cancer and told he had days to live. My question is in the state of Virginia will that contract still be good? We’ve put so much money into... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 21, 2021

In Virginia, generally when a person signs a contract that person must be competent and have capacity. This will require testimony from witnesses. It may be subject to a Court case to test the validity and enforceability of the contract that you referenced.

1 Answer | Asked in Contracts, Copyright, Divorce and Real Estate Law for Virginia on
Q: In order for an attorney to pass the bar exam, is it safe to say they need to know a little bit of everything?
Richard Sternberg
Richard Sternberg answered on Feb 7, 2021

Preparation for the Bar exam does not involve knowing a little bit of everything. It involves knowing a lot of some things, and it is exceptionally wise to find out which things from a very expensive preparation course that requires intense concentration and memorization of huge amount of state law... Read more »

1 Answer | Asked in Insurance Bad Faith, Contracts, Criminal Law and Insurance Defense for Virginia on
Q: Is it legal to buy life insurance for more than 10 people that are acquaintances of yours? Assuming I have their consent

Relating to Maryland/Virginia

I have a lot of friends, and they are concerned with today's environment, and most are unable afford life insurance policies. If I were to buy life insurance for them and split profits with their selected beneficiaries, would it be difficult for me to... Read more »

Susan Fremit
Susan Fremit answered on Jan 29, 2021

An attorney who specializes in insurance law would have a better idea about what you are asking.

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Wife signed a lease for an apartment alone. What do I need to do to get added to the lease to represent both interests?

I pay most of the rent. We allowed family to move in for a 'short time' -- became much longer tho than originally expected. Wife is unwilling to insist they move out. We're retired so are unable to support them (3 relatives -- one is 47 [female] who only works P-T, another 21 [male]... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 3, 2021

To answer your question of what do you have to do to be added to the lease, the answer is you have to make your request to the landlord and ask what is the landlord's requirements to be added to the lease. This is a contract so the contracting parties have to reach a mutual agreement to... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Did not give 60 day notice to vacate, but occupancy was only for 51 days?

My roommate and I took over the last 1.5 months of a one year lease. We resided in the apartment for 51 days.

Since moving out on October 31, 2020, the company has continued to charge us rent on a month-to-month basis. The company's reasoning is that we did not submit a 60 day notice... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 8, 2020

In Virginia, when there is a sublease or an assignment of the previous tenant's lease, the sublessee or assignee is bound by the terms of the lease that the original tenant entered into. Based on the reported facts that you reported, it seems that you did not provide the required 60 notice and... Read more »

1 Answer | Asked in Contracts, Civil Rights and Landlord - Tenant for Virginia on
Q: Hello. My husband Verbally told me and the landlord,last week, that he is moving out next month.

The term is from 12/12/2019 to 12/31/2020. First months rent was prorated since we moved in mid month. He also verbally told the landlord last week that he is moving out on 12/11. Per our lease, he does have to pay his portion of rent for the entire month of December, correct? And is he required to... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 30, 2020

In Virginia, the terms and conditions of the written lease will control whether your husband has the right to terminate the lease based on an oral notification to the landlord. Also, the terms and the conditions of the lease will control who has the rights to the return of the security deposit.

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