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Virginia Questions & Answers
1 Answer | Asked in Real Estate Law for Virginia on
Q: Can I postpone my house sale closing on April 17.

I sold my house in Pittsburgh pa in January. I am currently staying with my daughter in Virginia Beach VA, and planned to move here. Now, due to the corona virus stay in place order, I cannot contact my mover, haulers, donation centers, etc. also, I am 76 years old and concerned regarding traveling... Read more »

Richard Sternberg
Richard Sternberg answered on Apr 4, 2020

Talk to your realtor or the closing attorney or title agent, and negotiate a resolution. Even though the Governor in Pennsylvania backed off a stay-at-home order, the buyer is going to have similar problems.

1 Answer | Asked in Uncategorized for Virginia on
Q: Are employers (VA) obligated to reimburse for pet care, while traveling for said business?
Tim Akpinar
Tim Akpinar answered on Apr 3, 2020

That sounds like something that would generally be up to individual employers in their policies for travel expense reimbursement more so than something addressed by state law. Your post remains open for five weeks - for the most meaningful input, you could check with a Virginia employment attorney.... Read more »

1 Answer | Asked in Civil Litigation for Virginia on
Q: Can something bought as a gift be taken in a court of law?

Basically, Dec 7, 2018, my grandma bought me parts for my computer for christmas, to replace my broken parts. She, at the time, had no intention of me paying it back. Then, after I move out of her house, in Nov 2019, 2 weeks after I moved out, she told me I had to pay her back. On Dec, 11, 2019 she... Read more »

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

This sounds like a domestic relations/family relations matter. I do not handle those types of cases. Sorry.

1 Answer | Asked in Collections for Virginia on
Q: Can a company back bill me 3 yrs later?

I rented a mobile storage unit. I was to be on auto billing monthly. I was auto billed for the first 9 months after that the inadequate employee stopped doing his job and did not bill me monthly for auto billing. 3 yrs later they pick up the unit. Six months after pickup they send a bill for... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 2, 2020

Generally yes, they can still collect because you have not fulfilled your requirements under the contract. However, there are two areas of law you should look at in Virginia: 1) what is the statute of limitations on breach of contract and debt collection, and 2) did they waive their right to... Read more »

1 Answer | Asked in Copyright for Virginia on
Q: Can I get sued for using an actor's name?

I'm writing a book, and I want to use Leonardo DeCaprio's hair cut (from the '90s) and I feel like the readers won't be able to know what I'm talking about if I don't say something like, "It looks like Leonardo DeCaprio's haircut." Can I get sued for doing that? Like sued for copyright?

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 1, 2020

will depend on the context and extent.

If you are just making a minor mention, like in a critique, it may fall under fair use.

if it is bigger than that, you may be stepping in his rights.

check with an attorney.

www.legalbizglobal.com

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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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Do we have to let the landlord show the property during this stay at home order?

Our landlord put the house on the market, and wants to show the property. We do not feel comfortable having strangers in here with our 2 young kids (plus landlord is a doctor, so she’s not exactly risk-free). Is showing a house considered “essential business” during a stay at home order?

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

Generally in Virginia, the residential lease controls the authority of a landlord to show the Premises provided there is reasonable advanced notice given by the landlord to the tenant. You should review the lease to identify that provision. Since the Covid-19 crisis is a matter of first impression... Read more »

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 Landlord - Tenant for Virginia on
Q: I'm considering sueing my landlord and im not sure if i have a case and if i do what all i could use for.

My roommate and I moved in, in November. We currently live in our landlords basement. In the lease agreement it was stated there is a washer and dryer down here that hey said they would use but would give us a notice, and they promised to be quick and thorough if anything were to go wrong or mess... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 31, 2020

I regret that a blank fact statement will not allow a response as to your rights to bring a claim against your landlord. Specific details of the facts is essential.

1 Answer | Asked in Estate Planning for Virginia on
Q: Why would one make their family bank the power of attn. of their estate and family business

When my father died my mother gave the POA of her estate and family business instead of my brother who works at the business or me, her daughter. I do not work at the family business

James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 31, 2020

Many banks have trust departments. Some folks pick banks as their trustee, guardian or attorney-in-fact because the trust departments have skilled, knowledgeable, full-time, professionals who understand their fiduciary duties and all the reporting requirements. Money, and money management, can... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Virginia on
Q: Can I move out on probation if I’m considered ‘low-risk’ at 18?

(I’m on juvenile probation) I need to move out of an emotionally, verbally (and previously physically) abusive household with my mother, but I am on probation, my documents all say I am low risk, I only need to be seen once a month, but I’m not entire sure what that means. I just need to get... Read more »

David Joseph Dischley
David Joseph Dischley answered on Mar 31, 2020

Assuming you are 18 years old and on adult probation, the probation officer shouldn't have to contact your mother. Provided you are not ordered to remain in your current residence, talking through this issue with the Probation Officer should result in you being able to move provided it is in the... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: I have no written rental agreement, and rent was month to month. Can I change the locks of my house?

she rents a room inside my home. She got a written notice to pay within 5 days what she owes about a month ago.

Elizabeth Crego
Elizabeth Crego answered on Mar 30, 2020

You cannot legally just change the locks, even if your lease was unwritten. You would need to make sure you go through the proper procedure to file an unlawful detainer action and evict her.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: How much time should a tenant be allowed before being forced to either renew a lease or move in Virginia?

So, a few weeks ago I found out that the property I have been renting for 5 years was in foreclosure due to ads a newspaper posts. When I asked the property management about it they knew nothing. So now a 3 days ago they tell me that the owner says he’s brought his mortgage current, but is... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 29, 2020

In Virginia, a written residential lease generally provides the time period for the tenant to renew the lease or give the landlord notice of non-renewal. There is no Virginia statute that controls this time period. It sounds like you are on a month-to-month tenancy since you stated you have been... Read more »

1 Answer | Asked in Civil Litigation for Virginia on
Q: In Virginia, what agency would an individual file a complaint with against the Elizabeth River Tunnel Authority?
F. Paul Maloof
F. Paul Maloof answered on Mar 29, 2020

VDOT; Virginia Department of Transportation.

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: I was injured at work & accepted an insurance settlement. My med bills are more than the settlement, can I do anything?

I was injured at work last year and was originally billed ~$5k, insurance gave me a settlement of ~$15k. I paid the $5k bill online and thought I was done but was then was sent an additional bill for $25k because I do not have health insurance and the $5k bill was only if I had health insurance. My... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 29, 2020

A Virginia attorney is best suited to advise here, but you await a response for three weeks. If you were not represented by a WC attorney, you could contact a Virginia workers' comp attorney to see if they would give you a free, or brief, initial consult to examine your WC file and the carrier's... Read more »

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 Civil Litigation and Landlord - Tenant for Virginia on
Q: Leasing co. going after both me and roommate for charges roommate is responsible for.

Leasing company charged hundreds of dollars for new person to be added to lease, which new roommate did not pay (I paid another 'application fee' as remaining roommate on 'altered' lease). Leasing co. added late fees, which roommate never paid. I moved out a week before roommate did near the end of... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 27, 2020

In Virginia, generally all residential leases make all tenants jointly and severally liable for the terms and conditions of the lease. If your roommate failed to pay his share, as you agreed with that roommate, the landlord and leasing company is not bound by the agreement between you and your... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: How can a student break a lease for an apartment off campus when the school shuts down and recommends everyone go home?

Is Coronavirus pandemic enough to break a lease?

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

If the terms of the written residential lease authorizes the tenant to terminate the lease as a result of a pandemic, such as Covid-19, then the tenant has that right. Otherwise, no such right exists.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I ask a tenant that owes 4 months of rent to move to the living room and give me back the room?

evictions are on hold due to Corona Virus

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

There is no law against "asking." Whether the tenant will oblige you is a different question.

1 Answer | Asked in Adoption, Family Law and Child Custody for Virginia on
Q: A friend of mine just passed away and in her will she stated that she wanted me to take guardianship of her son.

A friend of mine just passed away and in her will she stated that she wanted me to take guardianship of her son. His dad passed away 2 months after he was born. I was wondering if her sons grandparents can fight for custody or if a judge will honor the will

Michael Christopher Miller
Michael Christopher Miller answered on Mar 26, 2020

At the end of the day, the court decides matters on the best interests of the child. The will would guide the court, but not determine the outcome.

The grandparents could contest the provision and seek custody. A judge would then decide between you and the grandparents.

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