I own one of the 200+ units in a Condominium Association in Virginia. The individual records of each unit are kept in the on-site management office. My friend & neighbor recently told me that about a month ago she examined the file for her particular unit & noticed it contained documents dating... Read more »
FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex." In addition to that general rule, please understand that this particular question should best be answered by your "friend & neighbor;...Read more »
I am sorry for your loss. What other assets are in the estate? Short sales are time consuming, frustrating, and generally not worth it - I usually suggest to my clients that they let it go to foreclosure unless there's other issues.
What does your probate attorney advise? If you don't...Read more »
The IRS has a motto: "We've got what it takes to take what you've got".
Practical response: IRS has filed a lien on property; the Owner sells it to Buyer and Buyer pays Owner cash. IRS isn't paid. The lien remains on the property and IRS can file a suit to take the property away from...Read more »
The answer depends on place, date, and type of service. It also depends on what you mean by “respond.” Part of the Answer you seek may be printed on the Summons, but it is very easy to get the wrong and Virginia Courts are very serious about defaults. Schedule a consult with a local lawyer to...Read more »
In the summer of 2018 several rain storms caused water to fill the window wells in the finished basement of a single family home and leak water into the dry wall, insulation, and carpet. The landlord was on vacation and forced the renters to physically bail water out of the window wells each time... Read more »
You need to review the lease with a licensed real estate lawyer. If the lease puts the burgent of maintenance or repair on the tenant, you might be obligated. It usually doesn’t in residential leases in Vienna, particularly illegal basement apartments. Contrary to popular belief, all leases are...Read more »
Can a real estate investor offer these contracts to the seller and the buyer just as long as the contracts are legal and the investors has a title company or attorney to look over the contracts to approve them.
Lawyers don’t “approve” contracts. They review and advise their clients on the legalities of their dealings. After the advice, the contracting parties remain responsible for their choices, though they might have a claim against the lawyer if his advice was malpractice. If what you are doing...Read more »
If you were in my office I'd have a series of questions, beginning with "HOW did your mother 'leave' the house to your sister?" If it was willed, and the will recorded at the courthouse, then you do not have a right to it, and title to the property is in your sister whether or not she wants it....Read more »
Generally, if the tenant pays all the back rent (and other costs and late fees) before the unlawful detainer's first court date and the tenant gets a written agreement with the landlord that the landlord will dismiss the case, then the unlawful detainer will stop. Otherwise, the unlawful detainer...Read more »
Mother put martial residence in quit claim before her death. Father has a lien on him. Will lien affect distribution of residence upon father's passing? Follow-up. Mother's trust states: In planning for our individual estates my husband and I have made a division of our jointly held real property.... Read more »
I have no idea what you mean by putting property 'in quit claim'. So I don't know how the property (Marital residence) was owned. If your mother owned the property at her death, and was still married to your father, he got rights to the property either under her will or intestate laws. If there...Read more »
Live in Fairfax county. This is a fairly modern building, run by a management company. The building charged numerous fees--move-in fee and amenity fee--so I would lose over $1,000 there. However, the noise complaints came from loud neighbors at midnight and 1am next to my master bedroom. If this... Read more »
This is actually a Landlord Tenant issue. And there are provisions in your lease that affect it.
And it's a very very tricky problem. Management can't tell you precisely what they've done on your complaint - privacy works several ways. And even if they took action, it will take them 2 or...Read more »
My tenant is month to month. Our original lease ended 30 months ago. While the lease mentioned 60 days notice, now that it’s month to month, I assume I only need to give 30 days. He wants me to repair the broken windows and back door. I want to wait until he’s gone. Do I need to fix them before... Read more »
You need to consult with a local lawyer, because county and city codes matter in landlord-tenant. Then, the lawyer needs to read the lease with particular attention to the Holding Over and Notice clauses. In Virginia, the lease will be read fairly strictly as written unless it violates local...Read more »
We bought a home together a year ago, and I moved out after splitting 4 months after we purchased. I signed a written agreement that was notarized I wasn't responsible for mortgage / bills after i parted ways. She is keeping the house and I want to clear my name from the deed/Note. Is she liable to... Read more »
You have a boundary line dispute. The longer you wait to file suit is the longer you acquiesce to the other's asserted boundary. Hire a competent attorney now to perform two title searches, possibly a surveyor or the boundary line only, and file and serve the suit. You will lose because of time...Read more »
Can he claim adverse possesion on my property? He says he mows it so grass doesnt get on his fence. But i dont trust him i was renting the house for 4 years and i just bought the house from my land lord in February 2019
Adverse possession can be remembered reasonably accurately with the acronym POACH. To achieve adverse possession, the bar against landowners pleading to protect their property, the adverse possessor must POSSESS OPENLY ADVERSELY CONTINUOUSLY and HOSTILELY for the requisite number of years. I see...Read more »
My renewal clause: 4. Renewal: Tenant may renew this Lease for one (1) successive period herein referred to as the “Renewal Term" of one (1) year, if at all, by giving written notice of such renewal at least sixty (60) days prior to the expiration of the initial term. Said renewal to be upon... Read more »
Based on your lease contract, tenant has a right to renew for another 1 year term if tenant gives landlord written notice at least 60 days before the end of the lease term. If no such notice is given by the tenant, the lease converts into a month-to-month lease by operation of law.
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