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Virginia Questions & Answers

2 Answers | Asked in Landlord - Tenant for Virginia on

Q: Can a Landlord ask a tenant to share the cost of water main repair (problem not caused by tenant)?

The water main feed pipe on the landlord's property in Fairfax County, Virginia, failed, leaking water in the yard, and running up the tenant's water bills. The landlord asked the tenant to "share" the cost of the repair. The tenant declined, and within 48 hours the landlord advised that he was... Read more »

F. Paul Maloof answered on Aug 23, 2019

Generally under Virginia law, essential utilities, such as water, and their repairs and maintenance are the obligations of the Landlord. Relation by the Landlord by raising the amount of the security deposit and the monthly rent is clearly a violation of the landlord-tenant laws in Virginia and a... Read more »

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1 Answer | Asked in Foreclosure and Real Estate Law for Virginia on

Q: Can a homeowner still sell the home that is in foreclosure and pay off the loan to the bank before the bank sells ?

The mortgage bank (Wells Fargo)will not allow any modified (smaller) payments, will not work out any forbearance plan until the total amount past due is paid first. The home just went into foreclosure. As homeowners can we still put the house for sale and pay off the bank loan before the house is... Read more »

Richard Sternberg answered on Aug 22, 2019

You need to get it sold before the foreclosure sale, and a lawyer can often get the bank to wait for a sale. If the mortgage is greater than the sale price, it is called a short sale, and that is also possible. You need to move on it responsibly now, but you do not need bank consent unless they... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Virginia on

Q: Can a company change the rules to a giveaway the day before the drawing?

I am having a difficult time finding a lawyer for this issue. I began playing at the new Rosie's locations since they opened in May, I started playing there when they launched a Giveaway for cash prizes and a car with a cash option if I did not want the car. I played their locations and accumulated... Read more »

F. Paul Maloof answered on Aug 22, 2019

I regret that I do not handle this type of matter. You may want to contact the Office of the Attorney General for Virginia and ask them your questions.

3 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Workers' Compensation for Virginia on

Q: Are pro se Appellants held to the same standard a licensed attorney in the state of Virginia? I am searching for cases

F. Paul Maloof answered on Aug 22, 2019

Pro Se Appellants are help to the same rules of the Court as a licensed attorney.

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1 Answer | Asked in Car Accidents and Lemon Law for Virginia on

Q: Is the shop responsible for towing if work performed incorrectly and car breaks down after leaving shop

Jay Braddock Jackson answered on Aug 21, 2019

Yes, the shop should pay for the tow, if the breakdown is due to the incorrect repair. If the breakdown is due to the original problem, and the repair was ineffective, that may be more difficult. If you took the car in for a repair and they told you that it was completely repaired, then you should... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: What constitutes reasonable notice for landlords wanting to show a rental to prospective tenants?

It has been slow getting a new tenant in this year, with more showings than normal. The tenant has been pretty accommodating and we've tried to do the same. However, my tenant just said no to showings for the next five days.

F. Paul Maloof answered on Aug 21, 2019

The term "reasonable" is a relative term and generally is determined by the facts. In most residential lease contracts, there is a 24 hour notice provision for which the landlord must give notice to the tenant to show the Premises and that time frame is considered reasonable in many cases.

2 Answers | Asked in Landlord - Tenant for Virginia on

Q: Do landlords need to make repairs to outside AC units if fan motor quit working

In state of virginia whose responsibility is it to make repairs to outside AC unit? The fan motor quit working and it cost me 300 to get it repair cause the landlord told I had too. Can I deduct 300 from the following months rent ?

Ross Cameron Hart answered on Aug 21, 2019

This may depend on the wording of your lease. Don't simply withhold rent - that causes other problems. Instead consider filing a 'tenant assertion' in General District Court and ask the court to have the landlord refund your money.

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1 Answer | Asked in Intellectual Property and Trademark for Virginia on

Q: If we want to trademark "Feel Good Skin Care," is Aveeno Feel Good Skin too close to be able to get a trademark?

Karima Gulick answered on Aug 20, 2019

it depends on the classes they're using the mark for and the ones you're planning on using the mark for. If it's for the same goods/services and they've been using the mark longer, then it would be an issue. You should consult a trademark attorney.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on

Q: Follow up, if there report is NOT, furnished, what recourse does the renter have for getting back security deposit, an

F. Paul Maloof answered on Aug 20, 2019

Follow-up: If the Landlord failed to comply with the specified Virginia Code section regarding the move-in inspection, the tenant may have a right to go to court by filing a lawsuit and claim a breach of contract with a demand for the return of the security deposit as well as any other damages... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on

Q: is the landlord required to furnish the renter with a written move IN inspection report and if not can they hold deposit

If the written report is not supplied, can the landlord hold any of the security deposit, thank you

F. Paul Maloof answered on Aug 20, 2019

With regard to a "move in inspection" of a residential premises, the law in Virginia provides as follows:

§ 55-248.11:1. (Repealed effective October 1, 2019) Inspection of premises.

The landlord shall, within five days after occupancy of a dwelling unit, submit a written report to...
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1 Answer | Asked in Criminal Law and Civil Litigation for Virginia on

Q: How do I get the papers a previous suit when my name is tied in it.

F. Paul Maloof answered on Aug 20, 2019

I do not handle criminal law matters. Sorry.

1 Answer | Asked in Divorce for Virginia on

Q: Why would I have to sign documents for my wife to register our divorce in Virginia, we divorced in New York,

We have a son that we share custody of , we came to all the agreements in NY, I have him for 10 nights a month and pay child support, he is now starting kindergarten, i’m not expecting to take him out of school, just not sure why this needs to be signed or is it a Virginia state requirement?

Michael Christopher Miller answered on Aug 19, 2019

Court orders in one state can be registered for enforcement in another state pursuant to the "full faith and credit" clause. For example, the NY order can be registered in VA, and VA courts will give full faith and credit to the NY order and enforce it as if it was a VA order.

Registration...
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1 Answer | Asked in Real Estate Law for Virginia on

Q: Can an HOA Board ask its members to vote to kick seven properties in a section of the development out of the HOA?

The seven properties are geographically separate from the main part of the community. The Board to seeks to have them removed from the HOA, eliminating their responsibilities to the HOA (i.e., dues, covenants, by-laws, etc.), as well as the HOA responsibilities to them. Is this legal? What are... Read more »

Richard Sternberg answered on Aug 19, 2019

The only competent basis for reviewing that and getting to an answer is reviewing the bylaws of the HOA and the covenants on the properties. Generally, within the constraints of the bylaws, covenants, and state law, an HOA can alter the terms of the contract with the vote of the board or the... Read more »

1 Answer | Asked in Contracts, Employment Law, Real Estate Law and Business Law for Virginia on

Q: My mother passed away willing her home to my brothers. The will was notarized, but no witness on it. Is the Will valid?

Tim Akpinar answered on Aug 18, 2019

I'm very sorry for your loss. Your question was probably overlooked all this time because it wasn't in the Probate or Estate Planning categories, where an attorney knowledgeable about wills might have seen it. 'Sorry for this inconvenience, but you could repost and include those categories, or you... Read more »

1 Answer | Asked in Real Estate Law for Virginia on

Q: My husband was left his cousin's house in her will. Only heir.

She died very unexpectedly so after settling the estate in VA, my husband came to a gentleman's agreement to allow her second husband to live in the home and pay the taxes. It's been two years though and we feel we need to take possession of the home. We're afraid we've let too long lapse and it... Read more »

Richard Sternberg answered on Aug 18, 2019

You need a landlord and tenant or a real estate lawyer, and then you need to give proper notice to quit. If he doesn’t quit, the lawyer can take it from there. If your “lease” is enforceable because something is in writing, and you gave tenancy for the term of the tax payments, you may be... Read more »

1 Answer | Asked in Civil Litigation for Virginia on

Q: My daughters car is in her boyfriends name. She is the only driver & pays all payments & insurance. Her legal rights?

He has never denied this is her car & her financial responsibility. He does not drive the car. She has made all payments and it’s on her insurance. If they split, what are, if any, her legal rights to this car?

F. Paul Maloof answered on Aug 17, 2019

I do not handle motor vehicle law cases. Sorry.

1 Answer | Asked in Civil Litigation for Virginia on

Q: Is there a law against eavesdropping by means of spying apps, (none spouse) in Virginia?

F. Paul Maloof answered on Aug 15, 2019

I do not handle that type of case. sorry.

1 Answer | Asked in Real Estate Law for Virginia on

Q: Can a homeowner selling a house turn down a home buyer's offer based on the type of lending they are using?

Homeowner turned downed my offer on their house citing they did not want to sell to someone using my type of lending (USDA). The purchase offer was submitted with a financing pre-approval letter from my mortgage lender dated the same date as my offer.

Ross Cameron Hart answered on Aug 15, 2019

Probably. A seller can turn down an offer tp purchase for just about any reason they want to, as long as it not a discrimination against a person in a protected class. Some lenders and loan programs impose requirements on sellers that they don't want to fool with - such as requiring discount... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: Tenant neglect caused mold and water damage. How do I calculate a deposit amount if any should be returned?

Mold caused by not opening vents under house. We had to remove, clean and replace main floor. Water damage on multiple ceilings from overflowing toilet and shower water leak

F. Paul Maloof answered on Aug 15, 2019

Under Virginia law, the Landlord is required to provide an itemized statement of damages that will be deducted from the security deposit to the Tenant within 30 days after the possession of the Premises is returned to the Landlord. There is no specific form for such a statement. If you are... Read more »

3 Answers | Asked in Probate for Virginia on

Q: VIRGINIA. Son dies intestate. No administrator declared. Mom heir of succession. She dies in July with Will. Now what

My fiancé died intestate on June 8. No Administrator of his estate was filed and his mother was heir of succession. She died In late July before filing the affidavit of heirship on the house. Does the house now enter her estate and probate as she died with a will? Is the rest of his debt/assets... Read more »

Richard Sternberg answered on Aug 14, 2019

In Virginia, real estate passes automatically subject to the filing of an estate or a Will. If there are debts or other assets, Unless you are named in the mother’s will or are owed some debt, you seem to have very little interest in this matter.

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