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Virginia Contracts Questions & Answers
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.

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 Business Law, Contracts and Employment Law for Virginia on
Q: Contract Law question. My contract says that I have to give four (4) months advance notice to quit the job.

I am working in a privately owned medical field. And the owner of the practice put that I have to give 4months advance notice in order to quit.

I believe it is too long to find another job in that time period. I have other positions available that are looking for my job right now.... Read more »

Steven Krieger
Steven Krieger answered on Oct 28, 2020

I don't think 4 months is really enforceable, but it really depends on the language in the contract and how it's spelled out and if there are any details about damages. You may want to have an attorney review that provision for you. Good luck.

1 Answer | Asked in Contracts for Virginia on
Q: Received my LLB in the UK and plan on doing an LLM over here before the Bar. Do you think that law firms would hire me?
James D. Williams
James D. Williams answered on Oct 20, 2020

If you want to practice law, then you're going to have to pass a bar exam. There are very few states that allow people who have only taken an LLM (and not a juris doctor "JD") program to sit for the bar exam. Virginia does not allow LLM students to sit for the bar exam here.... Read more »

1 Answer | Asked in Contracts, Employment Law, Civil Rights and Employment Discrimination for Virginia on
Q: I am trying to find some clarity on a specific scenario regarding Liquidated Damages Provisions under Virginia law.

My girlfriend is an RN registered nurse working for an agency (based in Ohio) which helped bring/organise her path to USA and set her up with a job. The contract has tied her into a 3 year term of which she has completed 1 year already. The problem is the job is way too much for her mentally and... Read more »

Steven Krieger
Steven Krieger answered on Oct 7, 2020

I don't think this is enforceable simply if your girlfriend quits. However, sometimes liquidated damages provisions are enforced if a non-solicitation or non-compete provision is breached. I'm sure anyone who responds would be happy to help if you decide to retain an attorney. Good luck.

1 Answer | Asked in Civil Litigation, Contracts and Health Care Law for Virginia on
Q: An employee at a pediatrics office copy and pasted my sons Phi into my other Sons new patient account at reg.

Both boys have different last names she assumed information was the same and made my husband his guarantor we've received a bill in my husband's name for my son listed as the guarantor isn't this a major policy breach. Etc. There were some safety concerns for the possibility of what... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 7, 2020

I regret that I do not handle health care law matters. Sorry.

1 Answer | Asked in Consumer Law, Contracts and Copyright for Virginia on
Q: jewelry store knowingly sold me a fake rolex.

Purchased a preowned Rolex from an established online jewelry store. What are my rights?

Steven Krieger
Steven Krieger answered on Oct 6, 2020

You could sue them for a violation of the VA Consumer Protection Act, but you'd need to have someone testify that the watch is a fake. You'd be able to recover the amount you paid, reasonable attorney's fees, and possibly treble damages if you can prove that the store knew the watch... Read more »

1 Answer | Asked in Contracts, Estate Planning and Probate for Virginia on
Q: In VA: can the deceased's lawfirm file a change of address for the deceased w/o notifying next of kin?
Ross Cameron Hart
Ross Cameron Hart answered on Oct 4, 2020

It is impossible to answer a bare question such as you posted without any context - is the firm the executor of the estate or do they represent the executor? If so, then yes they can.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for Virginia on
Q: I move out of my unit on 10/18 and my lease ends on 10/31. Do I have to allow access to paint the unit before 10/31?

The owner would not prorate my rent and said it's mine until 10/31. So I said that's fine then I won't return the keys until 10/31, but the owner also wants to paint the unit before 10/31. I know I have to allow the access for showings and maintenance, but do I have to allow painters... Read more »

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

The answer to your question should be expressed in your lease. Generally in Virginia, a residential lease permits the landlord to have workers, such as painters, access the premises on 24 hour notice to the tenant and for reasonable reasons. It seems that painting the premises would be considered a... Read more »

1 Answer | Asked in Contracts, Business Formation and Small Claims for Virginia on
Q: Hi..i am in VA. made a payment 2 days late. Can any type of late fee be imposed?

I let the company know VA has 10 day grace period. They changed the 'late fee' wording to 'payroll system fee'.

Tim Akpinar
Tim Akpinar answered on Sep 17, 2020

A Virginia attorney could advise best, but your question remains open for three weeks. As a general matter, it could depend on the company's terms, and whether their revision is merely a change of terminology for the same thing. The most economical and reliable way to find out could be to... Read more »

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 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 »

2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Landlord is selling house 1 month into year-long lease due to city zoning issues. Not letting us out of lease. Recourse?

One month into our lease, my two siblings and I (all college students) have been notified that the landlord is going to sell the house. Classes started today (8/24) and if we need to move we ought to move now before the house sells at some point in the semester. We were told if we did that we would... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 24, 2020

Generally under Virginia law, the purchaser/new owner is bound by the terms and conditions of an existing lease between the current tenant and the landlord/selling owner. The purchaser/new owner must assume the obligations and rights as stated in the existing lease with the tenant.

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1 Answer | Asked in Contracts, Family Law and Collections for Virginia on
Q: VA law on oral agreements. My ex husband and I orally agreed to pay a loan for our son's college. After my ex paid a few

payments to me by check, he stopped paying. I continued to pay my share and his share. Can I sue him for the amount he was supposed to pay, but did not? Thanks, Cathleen

Thank you for your reply. I don't understand the cited text from the statute. If my ex and I agreed to pay for our... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on Aug 17, 2020

Parents in Virginia have no legal obligation to support their capable, able-bodied adult children. However, the parents of a child may create a binding legal obligation to pay for their child's college education. Virginia Code Section 20-155 validates marital agreements provided they are in... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Virginia on
Q: Can you sue someone for saying they would pay something off for you?

My now ex boyfriend agreed for me to purchase a laptop for school and agreed he would make the monthly payments. Now that we aren’t together he tells me he’s not going to pay it . It is now going to affect my credit because I can’t afford to pay it since I’m not working. The total amount is... Read more »

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

Given this was an oral agreement, and you claim it was breached for nonpayment, you can bring a Warrant in Debt in General District Court in the jurisdiction (county/city) where the agreement was reached. Since the amount is less than $5,000.00, this is a small claims court case in which no lawyers... Read more »

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.

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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.

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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 »

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