My mother’s dad passed away he left her to be the sole owner of all his property and personal possessions. Also half of the property (certain parcels) was deed to me in 2004. Well today we went there to remove my mother’s stepbrother and his wife and they threatened our lives and physical harm.... View More
answered on Apr 16, 2024
I understand this is a very difficult and stressful situation. Unfortunately, removing people from a property, even if they are there illegally, can be a complicated legal process. Here are some steps you can take:
1. Consult with a lawyer who specializes in property law and estate matters.... View More
Do and what are my legal options? Why pay something that could be someone else's water bill? How can I prove its a fake bill?
answered on Mar 2, 2024
You have your question backwards. It's up to the landlord to prove it's the bill for your property. You might call the water utility and ask about billing at your address.
answered on Feb 27, 2024
I'm not entirely sure what your asking. However, if you are saying that you paid your rent late and your landlord is charging you a late fee, you should know the following. Late fees should not be more than 10% of the outstanding rent for that month. In order to charge late fees, that has... View More
When I called to inquire about taking my name off of the lease due to moving out they said we would forfeit the entire deposit. I’m wondering why since my mom will still be a resident. And if it is justified that they take the deposit now, would she be held responsible for any damage costs upon... View More
answered on Sep 23, 2023
A co-tenant can generally negotiate with the landlord and reach mutually agreeable terms for the removal of the co-tenant from the lease. A landlord is not required to remove a co-tenant from a lease just because the co-tenant decides to move out.
My mother moved away due to failing health. The tenant lives behind her home in a trailer. He has no electricity or water as well in the trailer. Can we condemn the trailer.
answered on Aug 14, 2023
The answer will depend on local as well as state landlord and tenant law. Virginia is relatively good for landlords compared to my other jurisdictions, but you need to get a local lawyer that covers landlord-tenant and/or real estate.
VA Code § 55.1-1236 (2021)
answered on Oct 14, 2022
It would be incompetent to answer this without a factual inquiry and interview, and the Internet in an open forum is not the correct place to get that. Seek counsel licensed on the applicable jurisdiction, and secure a consult.
Lease expired in May now it is month to month but no new lease since May the problem occurred because rent is owed for September and for October. The 5 day notice says that after 5 days he can take possession of house and anything in it.
answered on Oct 7, 2022
When you fail to pay rent the landlord serves you with a written 5 day pay or quit notice in the first step towards an eviction. If rent is not paid within 5 days, the landlord then must file a summons for unlawful detainer in the court in which the property resides. Virginia does not permit... View More
Edit:
55.1-1204 Section C says Mr Sternberg is incorrect in his answer. He also says perjury and discrimination against protected classes is "irrelevant". I need someone who cares about those things and the law to answer.
Some points (this box isn't enough for all... View More
answered on Oct 4, 2022
Most of the facts in your question are irrelevant. A contract for land must be in writing or it is void. Depending on where you are, a writing can sometimes be lots of things short of a Purchase and Sale Agreement on the local Board of Realtors form. I think there is one DC case in which a check... View More
I have a cousin I let stay in an apartment of mine for the past 2 years, I do not collect rent from her, nor has she signed a lease. Two months ago, she wanted me to sign a paper for her saying that she paid $650 a month in rent. I told her no that it was illegal for me to do so. At that time I... View More
answered on Oct 3, 2022
No, unfortunately not. You still have to go through the eviction process by filing with the court and having the court enter a judgment for possession in your favor. If you decide to hire an attorney to assist, I'm sure anyone who responds would be happy to help. Good luck.
We just signed a lease for an apartment in Virginia. After moving in, my wife complained of a chemical smell covering a cigarette smoke smell. The leasing office claimed the prior tenant did not smoke, and maintenance claimed it was to cover up curry. My wife just found a pile of cigarettes in a... View More
answered on Sep 24, 2022
It's possible you could make a misrepresentation or fraudulent inducement argument, but if this goes to court you're going to need to be able to convince a judge that 1) the landlord told you it hasn't been smoked in; and 2) that it was smoke and not curry. If you decide to hire a... View More
In Arlington VA , I need to evict previouse owner from a foreclosed home. Is this a 3 or 5 days notice? advice ?
I need REASONABLE professional assistance.
answered on Sep 8, 2022
A former owner of real estate that was sold at a foreclosure auction becomes a tenant at sufferance after delivery of a deed from the substitute trustee. A tenant at sufferance is one who enters into possession of real property lawfully, but remains in possession unlawfully. After title to the... View More
The lease says the resident shall pay for causing damage. Unethically, the landlord is passing on normal ware and tare expenses to their tenant. Without any contractual basis or notice the landlord added a $50 fee to the rent for repairing the refrigerator. Also, they did not provide an invoice for... View More
answered on Aug 1, 2022
It depends on how the lease agreement is worded. Usually residential leases are for a specific period of time (a year is standard) with the rent remaining the same for that year. The landlord can not change the rent midlease unless the lease allows for it to be unilaterally changed during the term... View More
My vehicle was stolen from the garage in my high rise building. The security gate that allows entry into the garage has been broken for weeks. This allowed the thieves easy and clear entry. Is the property management company negligent and liable for damages?
answered on Jul 26, 2022
A Virginia attorney could advise best, but your question remains open for a week. It could depend on a number of factors - other thefts in area, construction of gate, nature of breakage, terms of parking arrangements, etc. An investigation would need to address these and other possible issues. Good... View More
Submitted a physical lease prior to the expiration of my previous lease and was later informed that the property manager "did not accept paper leases" so I was charged several hundred more for the next month's rent because I had been transferred to a month-to-month... View More
answered on Jul 15, 2022
That sounds like nonsense.
You may want a lawyer to help you. I would suggest a 'tenant assertion' to have the court declare that a lease exists and you are due refund/credit/lower rent payments on the lease. You would file the assertion in the General District Court for the... View More
Recently my ex landlord hit me with a warrant in debt for back rent. They are claiming i haven't paid rent in 2 years which is ridiculous since my lease was year to year. The only time that i did not pay rent was for a six month period when my heat went out and other things that needed major... View More
answered on Jul 7, 2022
First of all: make sure (absolutely sure) you show up at the first return and ask to contest everything and do NOT admit to owing anything. Then I would think about talking to a lawyer because it would appear that you do have defenses--and this assumes the lease is in Virginia:
1. You... View More
Does not pay rent and is not in a lease agreement. Property damage has occurred by this person. If a notice needs to be given how long? Also do I need to go through the court system as in an eviction?
answered on May 31, 2022
If you're going to evict based on non-payment or property damage, then you do need to give notice and evict through the court process. If you're evicting based on a person who has no tenancy rights then arguably no notice is required, but even then, the safest thing to do is give notice.... View More
answered on Apr 23, 2022
You'd just file a complaint for breach of contract in Virginia Circuit Court for the unpaid rent and any other damages (like property damage) and then serve the former tenants with the complaint. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.
After proper notification of termination of Virginia Association of Realtors Property Management Agreement, can prior property manager continue to collect management fees after new lease agreement is made with tenant by new property manager.
answered on Apr 5, 2022
It depends on what the contracts you signed said. Either read them yourself or retain counsel to help you understand them. It's not a bad idea to read them before you sign them, too.
short term lease six month. Renter purchased a home 4 month later. Security deposit returned. I had to pay $,3000.00 broker fee to recruit new tenant. Now she has filed a lawsuit . Looking guidance
answered on Mar 29, 2022
Your description is not sufficiently clear. The tenant broke the lease. Nevertheless, you chose to return the full deposit without deducting for the rent or brokerage damages. Now, the tenant is suing you? Regardless of whether I understood you, you need a lawyer to review the facts. Perhaps it is... View More
answered on Mar 29, 2022
You'd likely have to provide a 30 day notice and then file an unlawful detainer with the court if he doesn't leave (assuming the boyfriend was not given the home in the will). If you decide to hire an attorney, I'm sure anyone who responds would be happy to help. Good luck.
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