Lawyers, Answer Questions  & Get Points Log In
Virginia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Virginia on
Q: Rental property in Virginia that needs to be fixed but renter is not ready to pay.

Hi i have a rental property in Virginia. The tenant has moved out after the lease completed. They did not do a wakthru. There is mold and appliances have been abused. the repairs are more than the deposit amount. they are refusing to pay. what are my options.

Richard Sternberg
Richard Sternberg
answered on May 23, 2022

You can ask politely and be ignored; or you can document the evidence, send a demand letter, and sue.

1 Answer | Asked in Divorce, Real Estate Law and Estate Planning for Virginia on
Q: My spouse&I live in a house owned by my dad. I will inherit when he passes. Would it become a marital asset in divorce?
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on May 5, 2022

Property that is acquired by gift or inheritance during a marriage in Virginia starts as separate property in equitable distribution. This is an exception to the general rule that property acquired during the marriage and before the last date of separation is presumed to be marital property, no... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: currently unmarried and have a VA home loan/title solely in my name.What is best way to have spouse Added once married?

Is it possible to just have spouse added to va loan once married or are the only options: refinancing and adding them, doing a gift deed or quite deed? Mostly curious about having then added to the deed and not necessarily on the mortgage

Ross Cameron Hart
Ross Cameron Hart
answered on Apr 26, 2022

My first thought is "WHY?" Why would you want your (new) spouse to become legally responsible for a loan that you, individually, qualified for. You don't need to.

As for adding your (new) spouse to the title to the property, it's fairly easy and any real estate lawyer...
Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Virginia on
Q: Neighbor next door has us constantly moving our vehicle to access water shut off in middle of our driveway.

Shouldn’t they have a shut off valve on their property? Since the property was recently sold or in process of shouldn’t this be remedied? Easement in question.

Richard Sternberg
Richard Sternberg
answered on Apr 21, 2022

The only way to get a competent answer to this is to review the deeds and the survey. If I assume that the water cut off is in the utility easement, then the utility has the permanent right to access that cut-off on your property within their easement as often as needed. The cost of changing that... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can a person advertise property for sale that doesn't belong to them if they don't have permission from the owner?

My sister-in-law advertised my husband's land for sale without his knowledge or permission on a Facebook Online Yard Sale with her name and contact info. She is not a real estate agent, and has never held a real estate license and has no ownership interest in the property. She also told a man... Read more »

Richard Sternberg
Richard Sternberg
answered on Apr 11, 2022

You are going to need a WV lawyer, and I am only licensed in Virginia as well as DC and Maryland. Nevertheless, you can't sue for damages unless you are damaged, but your husband can give her a proper notice to stay off the land if he owns it and she does not. As to unlicensed advertising of... Read more »

2 Answers | Asked in Real Estate Law for Virginia on
Q: A 14 acre deed from grandparents, inherited by 9 brothers/sisters, 3 are alive. We are entitled to 1.5 acre. No will.

Or declaration of heirs. 24 houses have been constructed and no one wants to pay Crim, up to $30k owe.

How do I begin this journey to obtain what is mine?

Richard Sternberg
Richard Sternberg
answered on Apr 7, 2022

Property generally does not descend as you are anticipating. There is generally no right to a specific 1.5 acres or $30,000. What you have — assuming you are a common co-tenant of the whole by descent— is the right to partition or to sell in lieu of partition. That requires a settlement or a... Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: What is the definition of lease term?

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.

Richard Sternberg
Richard Sternberg
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.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Ez-fiancee name on mortgage loan (as well as mine) but the deed is in my name only.

I have kept payments current in the mortgage for 3.5 yrs but would like to re-finance it in my name only. Do I have to get permission from him to do this? A bank is telling me he has to sign a form

Ross Cameron Hart
Ross Cameron Hart
answered on Apr 4, 2022

I start with the general principle that banks are stupid, and the bigger the bank the stupider they are.

To clarify: When you bought the property the seller delivered a deed which lists ONLY you as the grantee (buyer). To finance the purchase both you and your then fiancee was on the loan...
Read more »

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: short term 6 month lease was broken by tenant. deposit returned, had to pay broker fee to recruit new tenant. lawsuit

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

Richard Sternberg
Richard Sternberg
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... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Virginia on
Q: Exemption code and title of deed transfer when selling to family so that you are not charged taxes

I sold a house to family and trying to change the deed from my name to theirs. I was told by the record's office that a General Warranty Deed would charge me taxes and that I needed to add an exemption code and use the correct title.

Shafeek Seddiq
PREMIUM
Shafeek Seddiq
answered on Mar 25, 2022

I recommend you go see a real estate lawyer near you to explain how this can be done.

2 Answers | Asked in Estate Planning and Real Estate Law for Virginia on
Q: Should Dad's house be included in his will or should it be listed separately?
Shafeek Seddiq
PREMIUM
Shafeek Seddiq
answered on Mar 21, 2022

It depends on what your dad wants. What does separately mean? I would recommend your dad reaches out to an estate planning lawyer and explain what he wants. Then, the lawyer can tell him what estate documents he needs.

View More Answers

1 Answer | Asked in Real Estate Law, Collections and Probate for Virginia on
Q: When a resident of Chesterfield , VA dies, never married or had any children, are medical bills automatically wiped off?

The decedent passed away in 2021 and we were told that the medical bills had to be paid off regardless of the passing away.

Richard Sternberg
Richard Sternberg
answered on Mar 15, 2022

Yes, the bills have to be paid ... but not by you. The creditors may file a probate estate for the decedent and/or file a claim in an existing estate, and they may get paid from the estate assets. Far more rarely, if the medical treatment was "necessary," which medical treatment is... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: My condo has deemed window guards (metal) a violation they were installed many years before I bought 20 years ago.

bought condo in 2002 window guards looked old then and are set in the brick like it is an original feature. I have never heard a word until 2 weeks before my closing of selling my condo. There are several other windows with metal bars including storage rooms owned by the condo. Should I be... Read more »

Richard Sternberg
Richard Sternberg
answered on Mar 14, 2022

There is no way to answer your question other than to review all the documents. I can, however, note that, like the First Amendment, the prohibition on ex post facto laws binds the federal government, not your condo board.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Landlord - Tenant for Virginia on
Q: My landlord has given me a 60 day notice to leave as he “wants to sell” the home. We have been here a year and lease is

About to expire. I’ve talked with previous tenants and the landlord has done the same to them and refused offers that was given to buy. What can I do to stay?

Steven Krieger
Steven Krieger
answered on Mar 13, 2022

It depends on the specific language in your lease agreement. If there's a provision that permits the owner to terminate the agreement for purposes of a sale, then you're in a more difficult position. I'm sure anyone who responds would be happy to hep if you'd ie to hire an attorney. Good luck.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Virginia on
Q: I am the trustee of mother’s estate & beneficiary of her house. Upon death, can I transfer it to my son directly?

She has dementia. I want my son to have the house instead of me. Would he be able to inherit it at the stepped up value?

I was hoping I could just change the title from my mother’s name to his.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Mar 2, 2022

The phrasing of your question is a bit confusing. An estate does not usually have a trustee, the personal representative of an estate is either an executor or an administrator. It is possible for a pour over will to automatically transfer assets into an existing trust, such that the trustee of... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Elder Law and Libel & Slander for Virginia on
Q: After living & caring for mom in her home for 11yrs,mom's moved to care facility.Sis,sole trustee,wants me (age 71) out

Sis said in writing I could stay till Apr 1. Feb 28 got 30 Day Notice to Quit that said I was staying without permission. Clearly a lie. Any consequences for her lying to obtain notice? On Feb 1, Sis said I would be responsible for a number of bills as of that date including utilities. She... Read more »

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2022

I don't think there is much of anything a lawyer can do without getting involved in the situation and learning the personalities and the history. There are plainly things you can do, but many of them involve putting up a defense. At 71 and living with your mother, you may not have the... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Virginia on
Q: My neighbor continues to encroach on my property, destroy boundary fences, and harass me and my fiance.

These issues have gone on for over 4 1/2 years. The police and the county are limited in what they can do to stop him. At this point, I know only the courts will be able to stop him. I have over 4 years of video proof to prove my claim. I have survey markers down that I paid to have done to show... Read more »

Richard Sternberg
Richard Sternberg
answered on Feb 23, 2022

Retain counsel to file suit for damages for trespass and to enjoin future trespasses, and have counsel send a no-trespass letter which will later support a criminal complaint for trespass. Don’t try doing this alone.

3 Answers | Asked in Real Estate Law for Virginia on
Q: Hello i have a property that i was buying threw a rent to own contract my name was added to the deed. then lady passed

The family is trying to sell it and can't because the lady added my name to the deed. do i have rights to the land and what should i do. The family wants me to sign my name off it. I refuse because I have money invested in the property. In the event of her Death and she has no will would that... Read more »

Shafeek Seddiq
PREMIUM
Shafeek Seddiq
answered on Feb 20, 2022

It is confusing to understand the relationships without looking at the deed to show how you both owned the property, and the rent to buy contract to learn what these documents say. There are answers, but unfortunately, no easy ones. Take these documents to a real estate lawyer and or probate... Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: My grandparents passed away intestate years ago in Virginia. My mom & uncle, the only children of my grandparents,

Decide to move together into the home left by my grandparents . The home had no mortgages & they split the bills & taxes evenly.Switching the deed of the home over was done easily at the courthouse where my grandparents names were removed and their children's were added in their... Read more »

Shafeek Seddiq
PREMIUM
Shafeek Seddiq
answered on Feb 18, 2022

It all depends on the deed, it could go to your mom by right of survivorship, or after probate, either you mom buys out the heir(s) of your uncle or sells/partition. However, the best option is to take the recorded deed to the probate, estate, real estate lawyer nearest your mom to review and... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: I an a general manager of hotel. There is a guest/tenant, that had posted a no trespass on his door stating violators

Wi be executed. I already have a protective order against him due to his threats towards me, and him assaulting my maintenance man. Is that legal here in VA to put up such a sign?

Richard Sternberg
Richard Sternberg
answered on Feb 12, 2022

Sounds like the crime of Threats, but I don’t cover much Virginia criminal code. You might just call the police. But, if we’re talking about civil law, we’d need to review your hotel contract. After Las Vegas, it’s very unlikely that you have no right to enter your hotel rooms after... Read more »

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.