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Virginia Questions & Answers
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: A tenant’s 40 year old son has moved into her apt. in my 5 unit building without my permission approx. 30 days ago.

This son once lived in this same building with his now ex-wife over 15 years ago and had to be evicted due to nonpayment of rent. (They left without having to use the court system.) I do not want him on my property. He is not paying rent, his behavior is aggressive and their frequent arguments are... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 19, 2020

There is a CDC Order that prohibits evicting tenants or occupants from the premises until the expiration date of December 31, 2020. You may not be able to evict that person until 1/1/2021.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Why can a female sue a dr but I cant

I just saw on the news where a lady sued a dr for misreading her mammogram but I had a surgeon put my hip in retroverted and I had 20 plus dislocations and I cant sue no one. Why is that.

Tim Akpinar
Tim Akpinar answered on Nov 18, 2020

A Virginia attorney could advise best, but your question remains open for a week. The answer to your question could be a lengthy one, but the concise answer based on the brief description provided is that no two individuals and the set of circumstances and legal theories surrounding their cases are... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Quiet right to enjoyment while living above a store?

The owner of the store and landlord, She constantly complains about my kids being kids as far noise goes. Like running jumping and being kids. Does she have the right to do that since we live about the store? Just wondering if right to quiet enjoyment applies since we live above a store.

F. Paul Maloof
F. Paul Maloof answered on Nov 18, 2020

The common law covenant to quiet enjoyment does not apply to the facts as your stated in your inquiry.

2 Answers | Asked in Appeals / Appellate Law for Virginia on
Q: HELLO, What is the diference to appeal vs file a complaying with circuit court?

THE CIVIL COURT RECOMMEND MY CASE TO BE TRANSFER TO CIRCUIT COURT TO VERIFY PROPERTY OWNERSHIP

Charles William Michaels
Charles William Michaels answered on Nov 18, 2020

First, I am not a Virginia lawyer. However, I would need some more context to answer your question. The difference between an appeal and a complaint filed with the trial court should be obvious. An appeal is after the parties have litigated an issue before the trial court, received a final judgment... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Can a landlord keep a deposit without proof of damages? Can a landlord keep a deposit without damages present?

My landlord has been operating in nefarious ways. I am unsure she will return my deposit to me upon departure. We have only improved the home since arriving (landscaping, restoration cleaning, landscaping, painting, replaced damaged door handles, and chimney swept).

F. Paul Maloof
F. Paul Maloof answered on Nov 17, 2020

In Virginia, a Landlord is not authorized to keep a security deposit without providing the tenant with a written itemization of the damages to the premises. Proof of damages to the premises is essential to establish evidence for the claim of damages to the premises.

1 Answer | Asked in Personal Injury and Wrongful Death for Virginia on
Q: Can I file a claim against general mills for biting into a piece of metal in a gummies
Kevin J. Kuhn
Kevin J. Kuhn answered on Nov 17, 2020

Sorry to hear about your trouble with gummies. Your question is difficult to answer without additional information. First, were you injured as a result of the metal? Did you break a tooth, cut your mouth? If you did not injure yourself, you probably don't have any damages, and without... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Virginia on
Q: Is it legal for a police officer to ask if I have any weapons on me when I'm carrying a concealed carry permit?

and if I'm doing nothing wrong? Am I allowed not to answer?

Brian S Szmak
Brian S Szmak answered on Nov 17, 2020

It is absolutely legal for an Officer to ask you if you have any weapons on you.

If you have a CHP in Virginia, there is no affirmative obligation to inform an Officer that you are carrying a concealed weapon. You are obligated to provide your CHP & Photo ID if asked, though....
Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: I have a tenant who is late on rent the last few months. I have given her time considering COVID situation. Options?

I have given her time as its pandemic situation. But she has not been responding to my texts or calls. I have asked her multiple times about rent but she is not responding and refusing to meet me or let me into the Property.

What are my options as a landlord?

Elizabeth Crego
Elizabeth Crego answered on Nov 17, 2020

You can proceed with giving her a 5 day pay or vacate notice, and then filing an Unlawful Detainer in court five days after she receives that notice. The Unlawful Detainer, if granted by a judge, gives you the right to file a Writ for Eviction, which is what the sheriff uses to evict her. There are... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Tenant is not picking up Phone calls and not responding to texts or emails asking for rent

Tenant has been late in paying rent last couple of months. She is not responding to my calls or texts, emails asking for rent. I even went and rang the bell but she wont open the door. The only text she responded was when I told that i would enter the property, she responded saying donot enter. No... Read more »

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

In Virginia, when a tenant has been late paying rent, the landlord has the right to send by first class mail a written notice to the tenant for 5 day pay or quit. After the 5 days, the landlord has the right to file an Unlawful Detainer in court to seek the return of possession of the premises.

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: Are landlords of structures on communal land trusts exempt from VA standards of operation?

She demanded a deposit in june(less than two weeks after we moved ) and refused to produce a lease for us until September 23rd. She is now denying our having paid the deposit. She has repeatedly attempted to get duplicate rent and utility payments from us. She thinks she's exempt from va... Read more »

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

In Virginia, there is no such exemption.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Is charging tenants $10/day starting the 2nd for late rent legal, or is she bound to the state regulation of 5 days?

She insists she is able to charge us that rate beginning the 2nd if she hasn't received the money order. She also recognizes that she can't charge us until the 5th but is comfortable accruing fines before the fifth and charging us on that date.

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

In Virginia, a late fees is a matter of contract and provided for in the lease. The 5 days refers to the failure of the tenant to pay rent when due so the landlord is required to serve on the tenant a 5 day notice to pay or quit before the landlord has the right to demand possession of the... Read more »

2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: Can a landlord enter into a verbal agreement with tenants and upon changing their mind, charge tenants retroactively?

My landlord rented a house,wood shed, and small shack for the agreed upon rate. She then changed her mind, said the 4th structure is included in our rent, and we owe her rent for the prior 2 months on that space.

Richard Sternberg
Richard Sternberg answered on Nov 16, 2020

Any contract on land must be in writing. The verbal agreements are unenforceable anyway. It may take a while to remove you as squatters, because it appears that you have no lease but occupy of right.

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1 Answer | Asked in Car Accidents for Virginia on
Q: I hit a commercial truck from behind with no break lights. Do I have a claim?
Tim Akpinar
Tim Akpinar answered on Nov 14, 2020

A Virginia attorney could advise best, but your question remains open for four weeks. The determination of liability could depend on the type of jurisdiction Virginia is in terms of apportioning liability - and only a Virginia attorney is qualified to advise you on that. As a general note about the... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: If my landlord is making us move because they can't afford to fix problems are we entitled to moving expenses

Problems- Leaky roof, mold.

Are we entitled to moving expenses ? Deposit being used as last months rent? Any help at all? We aren't even near the end of lease.

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

In Virginia, a tenant is not afforded the right of reimbursement for moving expenses, unless it is specifically provided in the lease, which would make it a contractual right.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: warrant in debt or unlawful detainer?

H

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

If you move out in 5 days, the landlord will file a Warrant in Debt since possession is not an issue.

1 Answer | Asked in Car Accidents for Virginia on
Q: How long after an accident is a driver allowed to delay before reporting? One day, week, month? Thanks
Tim Akpinar
Tim Akpinar answered on Nov 14, 2020

A Washington, DC attorney could advise best, as insurance practices are governed by state law. However, you await a reply for three weeks. As a good practice generally, 24 to 48 hours is advisable. If an accident involves liability on your part and your insurance carrier anticipates a bodily injury... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: 60 day notice to break lease fees.

Virginia - I gave 60+day notice to vacate in August to break lease. Paid both September and October, so that I would not have to pay the large fees at end of October, which was the end of 60 days. Should I have paid another two 2 months?

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

In Virginia, the provisions that are stated in the lease for an early termination will control your situation. If it says that the tenant must give a 60 day written notice in order to effect an early termination of the lease, then that is what is binding on the landlord and the tenant. If it states... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My landlord is not renewing lease because of late payments, which were remedied due to loss of wages from Covid-19.

He has two months rent as a deposit, but our lease states he has 45 days to give that back to us. Is it general practice for him to wait the 45 days because that is what we have to be able to move by the end of the lease.

F. Paul Maloof
F. Paul Maloof answered on Nov 13, 2020

The Virginia Code allows a landlord a period of 45 days after possession of the premises is returned to the landlord by the tenant to return the security deposit, net of any deductions for damages to the premises. This appears to be what the lease also provides. It is up to the landlord as to... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My Residential Manager is trying to rip me off....How do I defend my tenant right?

We lived in an apartment in Virginia for about 4 years (2016-2020). We recently moved out but the residential manager trying to give us hard time. We agree our carpet was a little messy however, we received a bill of $7000. The residential manager said they replaced the refrigerator, dishwasher,... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 12, 2020

You have a right to dispute the $7,000 charges that the landlord is making. If the landlord does not agree with your position, you can bring the landlord to court with a lawsuit to protect your rights.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Tenant, S8 claiming (mold) infestation despite passed inspections before moving in and immediately after complaint.

Virginia single family residential lease agreement.

Verbally and crying while on 3-way via the city person, tenant said, "I don't care about the money!... at this point, just want to find a place to live." Tenant to date does not provide any signed written letter/notice per... Read more »

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

I regret that I do not handle S8 matters. Sorry.

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