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Virginia Contracts Questions & Answers
2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on
Q: My daughter put in an "intent to renew" form on her apt. The company says the form is a new lease. Is that accurate?

The current lease does not expire until July 31, 2020, but the leasing office is telling her she has to sign. I was the guarantor on the current lease, but have not indicated I plan to again, but they are also telling me I have to sign.

F. Paul Maloof
F. Paul Maloof answered on Apr 1, 2020

Without reviewing the entire lease as to its terms and conditions as well as the rights and obligations of all the parties, I cannot provide an answer. Just so you know, I charge $375 an hour to review leases and provide an opinion.

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3 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Q: Dear Esq: my daughter had to leave her off campus apartment after COVID19 cancelled everything. She and

her three roomates have paid their rent each month but now the apartment is empty (3 roomates also left -entire town is deserted). I have recently read about the 'force majeure'. With all the death going on everywhere and in that town as well, is this such an event? The students are clearly... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 1, 2020

The legal definition of "force majeure" is an unforeseeable circumstances that prevents someone from fulfilling a contract. Generally, a pandemic is not an unforeseeable circumstance since they have occurred many times in the past. Unless the residential lease provides that a pandemic is a force... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Virginia on
Q: Visitor My fiance and I have agreed to purchase a home in an unmarried status. My credit score was low so we decided to

Visitor

My fiance and I have agreed to purchase a home in an unmarried status. My credit score was low so we decided to have the loan in his name. The home won't be available until June. How can I secure myself in the event of a breakup? We both put money in on the deposit. If he decides to... Read more »

Shafeek Seddiq
Shafeek Seddiq answered on Mar 28, 2020

I assume have have not closed on the house. If so, then part of preparing closing documents is a deed which is basically a title, a document showing ownership to the property. Make sure your name goes on this deed. A lawyer will be drafting this deed to transfer ownership from seller to purchaser.... Read more »

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Virginia on
Q: My fiance/I signed a contract to build a new home. We've both put monies down for the deposit. We are having major

issues. We knew that my credit score wasn't high enough to be on the loan and agreed to proceed. The loan will be in my fiance's name. If we break up prior to the completion of the home what are my rights as far as my share of the deposit.

Richard Sternberg
Richard Sternberg answered on Mar 11, 2020

Your rights need to be defined in a contract. Otherwise, both of you will have the right to pay one of my brethren and sisters lots of money to resolve it in court.

1 Answer | Asked in White Collar Crime, Contracts and Civil Litigation for Virginia on
Q: How do I write a Grounds for Defense without a Bill of Particulars? Or do I use the old one?

My then wife and I signed a lease agreement with a vacation time share company in '95, ended 2012. They sent all correspondence to my ex in another state and got a judgment against both of us in 2017.

I learned of the garnishment 2019 and filed a motion to set aside, proved I was never... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 2, 2020

When the Judge granted your Motion to Set Aside the default judgment, the Judge generally would order a new Bill of Particulars to be filed by the Plaintiff by a date certain and then the Defendant (You) to file a Grounds of Defense by a date certain to the allegations asserted in the Bill of... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: New landlord is attempting to talk tenants into voiding their auto-renewed leases by signing new leases.

It is my understanding that a lease signed in Virginia prior to a new landlord taking possession of a property must be honored until said contract has expired. There are no other issues in dispute.

Is my understanding correct? Where is this stated in the VRLTA?

F. Paul Maloof
F. Paul Maloof answered on Feb 25, 2020

In Virginia, when there is an existing lease signed by a landlord and the tenant, after which the landlord sells the premises to a new owner/landlord, the new owner/landlord is obligated to take the premises subject to the terms and conditions of the existing lease, provided the tenant is not in... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Gov & Administrative Law for Virginia on
Q: 850k If an attorney erases 3 lines in a copy of a contract he gives to a judge, is there a way to deal with it swiftly?

$850,000

The original contract is on file and his client stated he had possessions, that are the contract stated, he had no knowledge of the list and if found he would return. Apdx A was the 100k. list items. It a custom contact 3 pg doc. with appendix A list.. page contract written on the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 16, 2020

It is no clear what is your question but if there was a judgment entered against you, you should file an appeal asap.

3 Answers | Asked in Landlord - Tenant, Consumer Law and Contracts for Virginia on
Q: Can the power company refuse a tenant power due to the manger and /or owner of the property owing a bill?

The power company here in VA took my deposit, gave me a date to turn the power on, didn't, then required a notarized lease and whereabouts of the previous tenants, even though I as the new tenant didn't know the previous tenant, I get all this documentation even after they still haven't turned my... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 10, 2020

This is an issue between you, the landlord and the power company, Lawyers cannot help you figure out how to get the power turned on. All we can do is advise you to solve the problem or leave.

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2 Answers | Asked in Civil Litigation, Contracts, Criminal Law and Federal Crimes for Virginia on
Q: Court did not complete plea agreement. Plead guilty to misdemeanor instead of felony. Court processsed as felony.

More than one legal issue regarding the trial of case. However most important issue is the plea agreememt was to plea guilty to two misdemeanors instead of 2 felony charges. Just got a letter about not voting rights, so looked up charge online. Court said plead guilty to a felony. I have plea... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Feb 10, 2020

Sounds like it could be a paperwork error. You need to have a lawyer file a post-trial motion on your behalf to make sure the court's records are correct.

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2 Answers | Asked in Contracts, Criminal Law, Federal Crimes and Landlord - Tenant for Virginia on
Q: Can my boyfriend be evicted from a property for being convicted of a felony? There was nothing in the lease about it.

My boyfriend signed a lease on January 11 for a rental property starting on February 8th. The property is a condo with three other adult renters on the property. On January 27th he was convicted of a felony in North Carolina for Grand Larceny, this crime occurred over a year and a half ago and he... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 3, 2020

Assuming the credit application and the lease do not require a disclosure about a previous crime, he may not have to disclose it. I would need to review all the documents before I could tell you for sure.

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1 Answer | Asked in Civil Litigation, Contracts and Intellectual Property for Virginia on
Q: I am the real inventor of web cam covers for portable devices

I have a application on file and willing to name a co inventor for help with this huge law suit. Has to be a nice person and a patent litigation attorney. I'm truly the real inventor I proved that december 3rd 2019 my name begins with a c. This can be not only a big opportunity for me but a co... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 26, 2020

I regret that I am neither a parent litigation attorney nor an investor in such patents or inventions. Sorry.

2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Signing a fixed-term lease on house. In VA, can new landlord add a clause--if it sells new owner can give 60 day notice?

The new landlord said they're not likely to sell, but the property has two houses and it's possible she'll want to sell mine. There are plenty of people right here who would want to rent it, so I'm wondering--can I say no to adding that clause? Is it legal in VA or do I have no leverage if it's... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 15, 2020

Assiming you have a written residential lease in place, and if your question is whether a new title owner of the Property is entitled to unilaterally change the terms of your lease with the previous title owner, the answer is no. A residential lease can only be changed or modified by mutual... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Is it possible to be removed from a lease by an attorney when the leasing agency doesn't offer much help?

I originally signed this lease when I attended college in Richmond VA, at VCU, but sadly I made a mistake and was forced off the property by 1 roommate and I've been collecting my rent statements, and I put an ad up for the room, as the leasing agency told me to do, but as far as I know not 1 of... Read more »

Richard Sternberg
Richard Sternberg answered on Dec 28, 2019

I think it is time to consult with a lawyer. There is no reasonable way you can get accurate advice in such a complex setting from an Internet search.

1 Answer | Asked in Civil Litigation and Contracts for Virginia on
Q: My roommate forged my signature on our lease. Can I sue her even though we’ve been living there for five months?
F. Paul Maloof
F. Paul Maloof answered on Dec 26, 2019

The claim of forgery to an written instrument is a serious charge that will require an hand writing expert to testify that the signature on the lease is not yours. You certainly, However, can sue your roommate for forging your signature on the lease. There is a different issue that you may have... Read more »

3 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Q: If a property management company closes and assigns the lease to a new co. do the lease terms still apply?

New company is increasing the rent, and required me to apply to qualify. They came back to me saying they are going forward with a new lease with a term of 15 months instead of honoring my existing lease term (expires in 2 months) and my existing rental amount. I cannot understand how a legally... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 22, 2019

One party to a lease has no right to change the terms of the lease unless the other party to the lease agrees in a written amendment to the lease.

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2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: What options do tenants have if landlord disconnect wifi, additionally wifi, cable and the like were included in lease

VA residential lease

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

In Virginia, if the lease provides that the landlord shall provide wifi, cable and the like yet disconnects those services, the tenant can bring a claim against the landlord for breach of the lease contract.

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1 Answer | Asked in Business Law, Contracts and Employment Law for Virginia on
Q: How Can a firm charge a client for hiring me if I am not their employee, nor have a non compete contract.

I currently obtain part time shifts through a company that declares I am not an employee, I am an independent contractor. Therefor they can not and will not verify that I work through them. One of the facilities I have been providing assistance to wanted to hire me FT. I was interested. They say... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 27, 2019

If you did not sign any documents or a contract with the employment agency I would be very surprised--because all of them require people like you to do so.

Moreover, if an employment agency or company has been sending you out to work at various places then you can be sure the agency has...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: With respect to residential lease Under what circumstances Can a lease holder (home owner) raise rent during lease?

Lease is six months beginning September 2019

Elizabeth Crego
Elizabeth Crego 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... Read more »

2 Answers | Asked in Contracts for Virginia on
Q: Are maryland residents required to take a tour of a timeshare if u are offered a free saty at the resort?
Michael Hales
Michael Hales answered on Nov 18, 2019

I don't know if Maryland law requires this, but these transactions are usually governed by the law where the sale takes place. For example, if you purchase a timeshare in Florida, you're not required to take a tour of the resort. However, the state of your residence may dictate that the purchase... Read more »

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1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: Can a landlord increase rent during a VA residential lease? In lease contract line 13 reads landlord can during anytime

In the event landlord can raise rent, how much notice is needed? Said differently, can the increase be effective immediately i.e. at next due payment?

In the event the tenants don't agree can the landlord evict tenants before the end of the lease?

Of note, this is a six month VA... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 15, 2019

In consideration of a lease with a 6 month term, at the end of the 6 months, the lease becomes a month-to-month lease by operation of law unless it is renewed in a new written document. During the term of the 6 months, it is a binding contract for which the rent cannot be increased unilaterally but... Read more »

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