One thing I love about law practice is that I keep learning new things 35 years after I started practice and about 29 years after I became a Virginia lawyer. Interesting Code section. A trip to a real library rather than the Internet version would get the history of the statute first enacted before...Read more »
I'm on a very small HOA BOD. We recently collected a special assessment to fix a washed out culvert. We collected a special assessment based on an estimate we had received from a local contractor. We were able to repair the culvert for less with another contractor.
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 »
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 »
I have a tenant renting a room in my rental property which is a 2 bedroom house. Do I have free access to the rest of the property and common areas without giving notice, if they are just entitled to the 1 bedroom? (For repairs, inspection, etc.) Also, their lease is up anyway and have been... Read more »
Your lease should address the issue of the landlord's right to enter the premises, whether it is the room being Individually leased or the whole house. Generally in Virginia, the landlord may enter the premises by giving reasonable notice to the tenant. The focus should be on what area of the...Read more »
There are certain contingencies in a NVAR form real estate contract, revised as of July 2019, if that is what was used. There may or may not be an escape clause in the real estate contract you signed. The best way to know if to hire an attorney who can review the contract and give you a formal...Read more »
Order a title search from a reputable abstractor. That's what they do. If you you enter a contract contingent on the property being free and clear and the accepted contract is given to a lawyer doing the title transfer as a title agent, the title abstract is usually an included expense.
We closed on our house at 6pm Friday so the documents won’t be recorded until Monday. We’re also still working on finalizing an escrow holdback agreement for repairs seller needs to pay for post closing. It’s now Saturday and the sellers are asking for keys and access back to the property. We... Read more »
You are the owner as of closing without regard to recordation, at least as to the seller, but what form of fantasy would lead you to close with an unfinished escrow agreement for repairs that aren't competed!? How are they to do the repairs? How are you to take occupancy? Who is responsible of...Read more »
Co-tenancy isn’t majority rules unless the property is held by an entity like a corporation and the shareholders elect a board and president that orders sale. If the property is indivisible, like most homes, each owner has the right to occupy the whole, and each owner has the duty to contribute....Read more »
What do the Covenants say about that? Do they incorporate any other documents, like bylaws? Do they create a governance system? Is that governance consistent with your state and sometimes local law? Did that governing body get duly selected in accordance with the applicable rules? Were the...Read more »
If you are referring to the agent under a power of attorney, then the answer is no, the power of attorney automatically terminates upon the death of the principal. Also, agents under powers of attorney do not automatically inherit. Inheritance is determined by the decedent's will or, if the...Read more »
We wanted to get out of our contract but they declined that. So we decided to take the house off the market. They then told us the house would remain listed until the contract expired. Can they do yhis
No. Unless the then-owners agree with you to terminate the lease early, your lease is not affected by their transaction. Of course, there may be tactics to secure that agreement, and a lawyer might help with that.
is now charging legal fees, additional months rent. I paid the full amount due on the evening of the 9th through a drop box. Was legal proceedings filed prematurely? Shouldn’t I have 5 full days from the date I was served? Thank you!
I would need to review all the documents in order the give an answer. However, you may have a defense to a lawsuit if the suit is filed maturely. You should get a formal opinion from a lawyer to protect yourself.
Buyer and seller entered into vague offer to purchase property in April. No further word from buyer until seller sent letter in August, stating all offers/ contracts have been rescinded. Buyer then called with closing date, saying he'd sue for breach of contract. Is offer to purchase a valid... Read more »
The seller returned several times a few weeks after the sale to take items from the mobile home yard and patio. Now, over a year after the sale, the seller returned to claim items in a outside shed. In the process,the previous owner cut off a lock on the shed and started to remove items. The... Read more »
What's required is a contract review. In most sale of real estate contracts, there is a provision that items on the property except for a list in the contract convey to the buyer. If not, the common law of bailment probably applies, and the buyer became a gratuitous bailee of the goods. He may not...Read more »
This is actually fairly common in parts of the United States. Baltimore has a long-standing tradition of selling houses that sit on land held by long-term lease. But, such situations can be quite complex. They can also be the basis for a fraud or a non-fraudulent misunderstanding that means you pay...Read more »
I have asked him to leave several times, but he has refused because he says he doesn't have the money. In Virginia would my nephew be considered a "Tenant at Sufferance" and could he be evicted without notice?
I think your nephew would be considered as a "guest" or an "invitee" rather than a "tenant.' What ever way he is described, if you want him out of your premises, you will need to follow the requirements of Virginia law and eventually file an Unlawful Detainer to seek an Order of Possession that a...Read more »
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