In Virginia, the law that effects the garnishment of wages and/or bank account has a set period of 180 days before the matter goes to court. If the full amount of the judgment is not satisfied by the initial garnishment, the judgment creditor has the right to file a second garnishment to seek the...Read more »
We just found out the air ducts in our home are pulled out of place and two rooms are not getting the air (it’s literally just pouring AC out under the home), and many other small things that weren’t noticeably to the eye during a walkthrough
If there is a valid mortgage lien on the property and the loan isn't paid, the lender will foreclose its equity. If you were not on title and of record before the mortgage recording, their claim would be unaffected by you. You might be entitled to the excess after foreclosure, if there is any,...Read more »
I would like to remodel it into a single family home. Am I allowed to terminate the lease of the 2nd family after my loan is approved? Since it is an FHA 203k loan what are my options during the COVID-19 pandemic?
The lease is a binding contract. You need to review that lease carefully for its termination provisions, and then you need to check both state and local landlord-tenant law about tenant rights. There are three specific areas to research: 1) whether the tenant has a right to holdover, which often...Read more »
The loan is still in force - the other individual will still be responsible for payment. It is also possible that the estate of the person who died will have to pay it - and in turn could require the other borrower to repay the estate. Every case like this is different and a lawyer should be...Read more »
If you listed all your "old collectors"/creditors names and addresses on your prior bankruptcy schedules filed with the court, and the bankruptcy court has entered its Order of general discharge, then you're good/safe, and if any of your old discharged unsecured creditors attempt in...Read more »
Dad passed no wife my brother and I jointly inherited his 5 acres he had no will when I was 19 and he was 16. I got married at 20 he got married as well he passed in car accident do I become sole owner?
The answer depends on the title on the land, but I doubt that you are using the term “jointly” correctly. If you were in title as joint tenants with right of survivorship (JTWROS), often called “joint tenants,” then you came into title alone (at least in Virginia) upon his demise. But, if...Read more »
Email is considered by the courts as written notice, especially if the lease provides for such notices to be sent by email. As long as the date of the notice was the day before the ;last day of the month, the termination date the the last day of the following month.
I was told I had to pay the new rental company March rent since they now own the house. However, the new rental company sent me an email saying I have 30 days to vacate because they are not renewing my lease. They said I have until April 31st to move out completely. Since my lease ended March 31st... Read more »
In Virginia, the owner/landlord of a property which is rented to a tenant has the right to sell the property to another party. The new owner is obligated to respect the current lease until the lease term ends. Based on what you stated, your lease's term ended on March 31, 2021 and the lease...Read more »
Maybe. I need more information. Is the person staying a spouse? Is it a dependent child? Even if there is no duty of support, criminal law only becomes involved if there is a crime, such as breaking and entering or trespass, so calling the tenancy illegal stretches the common meaning of illegality....Read more »
My tenants are diplomats. They were scheduled to move in April 1st and stay for a few years. They signed lease, paid 1st months rent and deposit. They informed me that they are being recalled to their country and can only stay one month. I may not be able to enforce the lease due to immunity... Read more »
You may also be able to enforce the lease, though you cannot do it the normal way. I cannot help you if the tenant works for the European Union Delegation to the United States, since I represent them in real estate, but it can be done correctly. You may also account to the diplomat in the normal...Read more »
This man was just evicted from my home but he left all of his belongings with his girlfriend who still lives as my house. She states I can't get rid of it though because it now belongs to her. These belongings now take up 3 of my rooms and I can't take it anymore. Please help!
To whom? Why? How will it be used? If you are the foreclosed party, you lost your rights to the property at the foreclosure. If you are the bidder, foreclosure sales are usually "as is" with all risks to the bidder. With all the extra foreclosures soon to be on the market, banks may find...Read more »
My grandmother had a mobile home on property that my great grandmother purchased. My great grandmother passed without a will but my grandmother has since paid the taxes on the property up to date. My grandmother had 7 siblings and only 4 are left which are all on board with a quit to claim deed in... Read more »
The lawyer you talked to is correct. The interests of children of your great-grandmother goes to THEIR children on their death. I suggest you get deeds for whatever shares you can, then approach the others for their shares. This can be very complicated and time consuming. And you absolutely need...Read more »
It depends on the exact terms in the lease. Most leases that 'auto-renew' (1) state that the renewal will be for a specific period (such as a year, but some are 'auto-renewing' only month-to-month) and (2) have a 'notice' requirement that if either the landlord or...Read more »
They had a contract notarized and we’ve made every monthly payment on time and have receipts. Her stepdad was sick and went to hospital and diagnosed with cancer and told he had days to live. My question is in the state of Virginia will that contract still be good? We’ve put so much money into... Read more »
In Virginia, generally when a person signs a contract that person must be competent and have capacity. This will require testimony from witnesses. It may be subject to a Court case to test the validity and enforceability of the contract that you referenced.
If there is a person constantly entering an apartment building without any tenants permission and management will not do anything about, leading to many tenants feeling unsafe, does it violate the implied warranty of habitability? More specifically, a person has been practically living in the entry... Read more »
The person who is entering the premises without permission is trespassing. This is not an issue of a breach of the warranty of habitability. A tenant does not have the right to withhold rent for such an issue.
With VA Law 54.1-2137. Commencement and termination of brokerage relationships, it would seem that is situation would not be a definite termination date as there are consequences if the owner does not renew.
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