Lawyers, Answer Questions  & Get Points Log In
Virginia Real Estate Law Questions & Answers
1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Virginia on
Q: Statute of Limitations on enforcing Virginia deed that was accelerated, and 2 owners dying. 5 years + 2 years?

This is a Virginia reverse mortgage deed of trust that was accelerated when last owner died. Then subsequent owner who inherited died later as well. Due to acceleration, is the 5 or 6 year contract SOL valid, plus adding a year for each death of owner? Finally, does a Lis Pendens stop or affect... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 15, 2020

You should probably read:

§ 8.01-236. Limitation of entry on or action for land.

No person shall make an entry on, or bring an action to recover, any land unless within fifteen years next after the time at which the right to make such entry or bring such action shall have first...
Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: How to get someone off house deed
Richard Sternberg
Richard Sternberg answered on Sep 14, 2020

They deed it to someone else, or they die, and it transfers by operation of law or by a deed from the personal representative. You simply aren't providing enough details for this to be more useful. Perhaps you should discuss the matter with a lawyer who practices where the land is located.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: I purchased the house from my landlord. Now that we've closed on the property, she's asking for the remaining rent ...

... for the last few weeks. The sale had "no inspection" contingency. However, in this time period and before closing, one of the appliances broke down (home warranty company confirmed) and I purchased the exact same model as replacement before closing. Legally can I deduct this from the... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 11, 2020

Start with the purchase contract. Did it include a functioning appliance such as the one you replaced? Next, review the lease. Who was responsible for the appliance? Next, back to the purchase & sale agreement. Was there an integration clause and did the unpaid rent pass to the new owner upon... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Can the developer institute an HOA fee without having an HOA? He owns 2/3's of the development.

Developer owns a majority of the development but wants to start charging an HOA fee, without having an HOA committee of homeowners. It seems as if he wants our money but wants to retain the decision making. Also, if he charges a monthly fee for HOA, should he be paying for his lots?

Elizabeth Crego
Elizabeth Crego answered on Sep 9, 2020

A planned unit development is usually regulated by a Master Deed or Declaration, which would show whether there is an HOA attached to the development, whether assessments can be charged, and how the amount of assessments is determined. You would need to look at that information, which is recorded... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: I am buying a property that shares a well and septic,located on neighbors property. Can i get insurance coverage

Id like to know if I can get any type of homeowners insurance on them, since they run in/out of our property.

Also, if neighbor would have o carry insurance the well and septic, and if that would cover us since we are connected. Tyia

Richard Sternberg
Richard Sternberg answered on Sep 9, 2020

You need to address that question to an insurance agent, not a lawyer.

2 Answers | Asked in Real Estate Law for Virginia on
Q: Do i need homeowners insurance at closing if its a cash deal?
Richard Sternberg
Richard Sternberg answered on Sep 9, 2020

OMG, yes. Well, actually, no. You don't need it. You want it. If the house burns to the ground as you drive away from the closing, whatever is left, including the requirement to clean up and rebuild the eyesore, is yours. If some else burns it down and goes to prison for arson for doing it,... Read more »

View More Answers

1 Answer | Asked in Bankruptcy, Divorce and Real Estate Law for Virginia on
Q: My ex and I filed Ch7 in 2015, mortgage was discharged. We divorced 2020 and he quitclaimed home to me.

How can I get his name off the discharged mortgage? I have the quitclaim deed and divorce paperwork showing it is mine. Im sick of him being able to access mortgage info as well as things being mailed to him from the bank. The property is in VA.

David Luther Woodward
David Luther Woodward answered on Sep 8, 2020

You can only accomplish this by refinancing the mortgage. Now is a good time because the rates are so low.

The bank has no obligation to release the lien of the mortgage unless it was stripped in bankruptcy.

Good Luck: go see a lawyer.

d

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: How do I go about selling a property with tenants?

I recently acquired a property that belonged to my father, who passed away. The property had an additional home that has tenants in it. there is however no rental/lease agreement or rental history in place. I have notified them with intent to sell giving a 30 day notice and offering a cash for... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 4, 2020

In Virginia, once the Deed of Distribution from the Estate's Executor is recorded and you are the title owner of record, you can put the property on the market for sale and must disclose the property is occupied by tenants under a month to month tenancy. If you want to terminate the month to... Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Virginia on
Q: How do i go about getting a shared septic and well agreement in Va, that will transfer if the property is sold?

We are buying a property, and the owner had a verbal agreement to share the well and septic that are on the neighbors property. She has no problem sharing, but we are concerned what would happen if she sold her property.

Ross Cameron Hart
Ross Cameron Hart answered on Sep 1, 2020

You don't say whether or not you've signed a contract to buy the property. If you have you may have a big problem.

Make sure that obtaining a written agreement is part of the contract - that is the most important part of your transaction.

And you need a lawyer. NOT a...
Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: If I get notification in August, is the last day of the second month September or october?

The termination shall be effective on the last day of the second calendar month following the month in which Landlord receives the Notice of termination.

Ross Cameron Hart
Ross Cameron Hart answered on Aug 24, 2020

Notice sent DURING August (unless the notice was sent August 1), then the last day is Halloween, October 31.

1 Answer | Asked in Real Estate Law for Virginia on
Q: I have a history of one eviction and my credit score is mid 600 it’s hard to rent

They do hard checks on my credit... is there way I can resolve the situation

Richard Sternberg
Richard Sternberg answered on Aug 20, 2020

The Internet has been both a blessing and a curse for tenants. On the one hand, it is much, much easier to find a competitive tenancy and to get a fairly accurate idea as to the price for comparable homes. On the other hand, landlords uniformly use credit checks and eviction records to qualify... Read more »

2 Answers | Asked in Personal Injury, Real Estate Law and Arbitration / Mediation Law for Virginia on
Q: What kind of lawyer would deal with neighbor issues? Specifically, secondhand smoke problems.

I'm an owner of my home in a COA. My COA sealed around some common pipes, but the secondhand smoke still seeps into my home and affecting my breathing. The COA can't tell me why this is happing and my neighbor's efforts has not stop the issue and has grown worse in the last five... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 18, 2020

Seeping of toxic vapors onto one property from another is Nuisance, and your best choice of counsel might be a lawyer who does real estate litigation. If there are resulting health concerns and medical bills, a personal injury lawyer might consider the case, but the financing model for such lawyers... Read more »

View More Answers

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Q: I want to sell my house, I moved a renter in with annual lease in April, want to know if I have to wait for lease to end

There are issues with the house and I really can't afford to fix house, renter is giving me hard time and I prefer to sell house as is and just move on but tenant is stating she will not leave until lease is up

F. Paul Maloof
F. Paul Maloof answered on Aug 14, 2020

If the landlord and the tenant cannot reach a mutual agreement in writing to end the lease, then the lease remains in full force and effect until the end of the Lease Term.

View More Answers

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Animal / Dog Law for Virginia on
Q: Does a lease voids when the home is sold in VA? I signed the lease in 2007 and it stated nothing about not having pets

On the bottom of each page on the lease states this contract is for use by ___. Use by any other party is illegal and voids the contract. So can the new landlord put an X where the pets section is without us both signing? Is this contract valid? Is my landlord in the wrong for threatening me about... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 11, 2020

Generally in Virginia, when there is an existing lease in place and the owner/landlord sells the premises to a buyer, the lease remains in place, the buyer assumes the rights and obligations under the existing lease, and the lease's terms remain unchanged between the new owner/landlord and the... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: My dad recently passed away. My mom’s name is not on the deed. As the spouse, does she have rights to the house?
Richard Sternberg
Richard Sternberg answered on Aug 11, 2020

We need more facts to answer. Was she the spouse at the time the house was acquired or was it premarital property? Since you refer to them as your mother and father, we might assume this was a traditional marriage, but that is far from certain. If they bought the house while married, And they were... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Virginia on
Q: My rental lease just went month-to-month. When can I terminate the lease?

The lease states, “The lease may then be terminated by either party giving 30 days written notice prior to the end of the rental month.” If I give written notice on Aug 10, am I obligated to pay rent through Sept 30 or can I end my lease mid- September? This is in Virginia. The lease was... Read more »

Ross Cameron Hart
Ross Cameron Hart answered on Aug 8, 2020

The general rule for '30-day notice' clauses is that they run to the end of the next rental period following the date notice is given. Thus, in your example notice given today (or Monday, August 10) would be effective September 30.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Leaking roof after 4 days of ownership

I closed on my house last week. 4 days after the purchase we had a rain storm and the roof leaked in multiple areas, one area seemed to have been ongoing. There were areas that were tarred but the area was deemed sound at the time of sale and only cosmetic (I believe the contractor that assessed... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 6, 2020

Is someone at fault? Yes, but mostly you for not having a lawyer advise you on the largest purchase of your life. Now, you will need a much more expensive review to determine who, if anyone, breached their duties to you. Sorry. It cannot be reviewed without the contracts, the advertisements, the... Read more »

2 Answers | Asked in Libel & Slander, Personal Injury and Real Estate Law for Virginia on
Q: What signage is required for an HOA to have your car towed?
Steven Krieger
Steven Krieger answered on Jul 29, 2020

Possibly none. It depends on what the bylaws say, where the vehicle was parked, and if you're an owner, resident, or guest. Good luck.

View More Answers

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Q: Am I obligated to sign this lease when a verbal agreement to sign happened prior to being given a copy of the lease?

I moved into a rental as a third party not on the lease, though I had the Landlord's permission. I have been residing and paying rent to my roommate for 7 months, and she paid the landlord. The lease was on an automatic renewal set to end July 31st and my roommate (who is on the lease) did not... Read more »

Elizabeth Crego
Elizabeth Crego answered on Jul 28, 2020

It seems to me that there are a few different ways this could be interpreted.You could be regarded as merely a permitted occupant for the last seven months under the lease with your roommate, which creates no independent obligation on your part. It also provides no protections for you and you would... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Virginia on
Q: I originally signed my lease October 28, 2016 the term on page one says fully ending on October 31, 2017

the renewal section it states the following ; Tenant at the expiration of the lease term shall become a tenant monthly at the monthly rental as paid for the last month of the lease term to be paid aforesaid, and tenant shall be subject to all agreements and conditions herein contained , either... Read more »

Ross Cameron Hart
Ross Cameron Hart answered on Jul 23, 2020

Your notice of termination is effective August 31, 2020 - from your quote of the lease language: notice is "to be effective on the last day of subsequent month.". Otherwise it appears your interpretation is correct that you were on a month to month for the past 3 years. Since the... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.