Lawyers, Answer Questions  & Get Points Log In
Virginia Contracts Questions & 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 and Contracts for Virginia on
Q: What is the statute of limitations on a settlement agreement as a result of a warrant in debt in Virginia?

I was sued almost 20 years ago for damages related to an auto accident. I made a settlement agreement with them in court, made large initial payment, and had to make payments over time, but I lost the paperwork and forgot about it after a few years. It's now been about 18 years since a payment... Read more »

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

In Virginia, the statute of limitations on a written agreement is 5 years and 3 years on an oral agreement.

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 Contracts, Employment Law, Personal Injury and Sexual Harassment for Virginia on
Q: Hi I'd like to know if this includes surveillance in shelters or supportive housing environments through securitas?

I find it extremely lewd and quite offensive still sleeping in my clothes.

F. Paul Maloof
F. Paul Maloof answered on Aug 6, 2020

I regret that I do not handle employment law cases. Sorry.

View More Answers

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Virginia on
Q: Landlord Intentionally Ignoring Me and refusing to set up payment plan as I have been affected by COVID-19

My business was shut down until we reopened (still slow). Apartment management and I agreed verbally with the management office to set up a payment plan. A week later they said they want rent paid in full. I argued my case about the agreement, they said they will talk to the manager. Next day,... Read more »

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

It sounds like these are discussions and negotiations about paying rent. It is not a question is it legal or illegal. It is a question of whether opposing parties can come to an agreement. It takes two to reach an agreement so if one side will not agree, there is no agreement in the eyes of the... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Civil Rights and Landlord - Tenant for Virginia on
Q: I need help Ny lease apparently ends tomorrow but I can’t leave

I signed a 12 month lease with my landlord and it’s the 7th month and my landlord says the july31st at 8 am everyone who didn’t renew is the last day of their lease but I can’t leave that soon I prepared for a 12 month lease I also lost my job due to COVID and domestic violence so I haven’t... Read more »

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

Even if you have a 12 month written lease, the nonpayment of rent is a breach of the leased and as such the landlord can proceed with a notice for you to pay or quit and then begin legal proceedings to have you evicted. The loss of your job or the domestic abuse is not a defense to nonpayment of... Read more »

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 Consumer Law, Contracts, Criminal Law and Real Estate Law for Virginia on
Q: What is the penalty (if any) for HOA board violating the VA Property Owners Association Act?
Elizabeth Crego
Elizabeth Crego answered on Jul 20, 2020

That depends on what they did. Violating the POA Act is unlikely to result in criminal liability on its own. You would want to read the Act in conjunction with the HOA's governing documents to determine what the board did and how to proceed. I recommend getting an attorney to help you... Read more »

1 Answer | Asked in Civil Litigation, Collections and Contracts for Virginia on
Q: If you pay a demand letter from a community association attorney by the date stated can they later collect lawyer fees

The lawyer via email when I asked “ we are clear now” said I’m will confirm with Hoa I believe so” then 96 days later I receive statement of account from hoa with 4 bills for professional services for 1116$ I call propert mgr the accountant calls me back and says she will look into it then... Read more »

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

Generally, there is a provision in the HOA Bylaws for the right of the HOA to collect attorney's fees. However, the right to claim attorney's fees is not a statutory right but must be awarded by a Judge. I suspect that is the reason the HOA filed the Warrant in Debt and is probably... Read more »

1 Answer | Asked in Contracts for Virginia on
Q: How well do verbal agreements hold up in court?

An older man who was a friend has told me since our verbal barter Arrangement that he has had a fantasy of dating me. Due to my uncomfortability about the situation I have declined to finish our barter Arrangement and he's telling me that I owe him $360. Do I legally owe him anything for hours... Read more »

Shafeek Seddiq
Shafeek Seddiq answered on Jul 12, 2020

It sounds like you have an oral or maybe a written contract with this person. And after you started, he revealed his fantasy to you which made you uncomfortable to finish whatever is was you were going to. Now, he wants his money or remainder of his money. You may have some defense to... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on
Q: My notice wasnt written so charging me 2 months rent. Is this legal?

Roughly 4-6 months ago I made an in person appointment to talk about the lease date and to tell them we were leaving on the lease date. Now we are just leaving and they are saying that we didnt provide a written notice, so they are charging me a "fee" equal to 2 months rent($3000) and... Read more »

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

The Virginia Code requires a "written" notice to be given by either the tenant or the landlord to terminate the lease. This is the law. It is probable that the lease provided for a "written" notice as well so if that is the case, you are bound by the contract.

View More Answers

1 Answer | Asked in Contracts for Virginia on
Q: In negotiations on a Bank held property. There have been a couple counter offers back and forth. We made the last offer

at 196,000 and the bank countered today at 207,000 which we sent back a counter of 200,000. They just sent back a response of we now have multiple offers..send your best offer. This property has been sitting on the market for a good while (I doubt there are other offers but) can we ;still accept... Read more »

Shafeek Seddiq
Shafeek Seddiq answered on Jun 3, 2020

Read the offer to learn the time period of the validity of the offer and make the counter or another offer before it expires.

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Is my HOA responsible for the exterior of my home.

In Article IV section 2 B number 4 it states:

the board will provide for the repair, maintenance, and replacement of gutters and downspouts and exterior building surfaces.

However, they have met with a lawyer and have said they do not cover the replacement of :

siding... Read more »

Elizabeth Crego
Elizabeth Crego answered on May 7, 2020

Context is everything. There's no way to know what “exterior surfaces” means and how that affects liability your current situation in this case without reviewing at least that entire section of the governing documents, if not the entirety of the governing documents. These documents can be... Read more »

2 Answers | Asked in Contracts, Criminal Law, Admiralty / Maritime and Federal Crimes for Virginia on
Q: How can I be put under a law that I wasn't charged or sentenced under

I was given a plea bargain in 2003 the law was changed in 2005 which is a harsher punishment

Daniel P Leavitt
Daniel P Leavitt answered on May 7, 2020

You can't.

View More Answers

1 Answer | Asked in Contracts, Estate Planning, Arbitration / Mediation Law and International Law for Virginia on
Q: How can I find out if I have been a victim of power of attorney fraud?

My late spouse was from another country and owned property there. I allowed my brother in law to be my P.O.A., to handle that business as I could not go to said country. I haven't heard anything from anyone in 2 years. I am in West Virginia and my in laws are in Texas.

Tim Akpinar
Tim Akpinar answered on May 6, 2020

Of all the categories you chose, maybe the best one to start with could be to contact an estate planning/probate attorney. They could probably assess what kind of investigative/legal resources are needed. You could look up such attorneys here (Find-a-Lawyer, above), or through your own independent... Read more »

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Virginia on
Q: Breaking Lease Early due to assault

Not too long ago, my roommate, girlfriend, and I were attacked on our front porch by a neighbor in which we do not know the name of or where they are in the neighborhood. We then filed assault and informed the landlord. Since then, this neighbor has stalked me constantly as I’ve noticed him when... Read more »

Richard Sternberg
Richard Sternberg answered on Apr 29, 2020

Step one is a lease review, and a lay person review isn't the same as a lawyer review. But, if you are certain that you have no alternatives there, the next step is to negotiate a termination with the landlord. The fact that a third party unrelated to the landlord has threatened you is... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Virginia on
Q: Is it violating non-compete if I work for subcontractor of competing company?

.

Shafeek Seddiq
Shafeek Seddiq answered on Apr 13, 2020

It depends on what your non-compete says. Non-compete, also knowns as restrictive covenants, prevents employees from stealing employer secrets and customer after their employment ends. It can also prohibit employee from contacting employer's customers, prohibiting you from working for someone... Read more »

2 Answers | Asked in Contracts and Civil Litigation for Virginia on
Q: What happens if I don't pay the agreed settlement as a defendant?

I agreed to a settlement, but unfortunately I don't think I can pay. There are no penalties besides continuing to trial and a clause that says "In the event any litigation arises out of this Agreement, the prevailing party shall be entitled to its reasonable expenses incurred to enforce... Read more »

Shafeek Seddiq
Shafeek Seddiq answered on Apr 13, 2020

Contract governs the agreement. So, if you default or breach, go to court and lose, most likely you will pay the additional cost associated with the matter. You should look at the clause(s) where it might say how to get out of it if you cannot pay or show this document to an attorney to help you... Read more »

View More Answers

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.

View More Answers

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... 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... Read more »

View More Answers

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.