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Virginia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Can I sue or break my lease if my landlord won't remediate black mold which I have a reaction to?

I found the mold after removing a fireplace cover to the fireplace, which isn't functional and leaked. The leaks have since been repaired.

F. Paul Maloof
F. Paul Maloof
answered on Feb 1, 2021

The first action you should take is to call the Office of Housing Code Enforcement for the city/county where the premises is located and make a formal Complaint about the mold. They should send out an inspector who will issue a Notice of Violation of mold is found and is harmful to health and... View More

1 Answer | Asked in Consumer Law, Estate Planning and Real Estate Law for Virginia on
Q: I have a check from my fathers IRA. He had passed away back in October. The company Meryl Lynch issued the check out to

So the check with the bank name that is now closed under my father and my name. it does state "F/B/O fathers name IRA and acct#****. but the bank won't even accept the check and create an estate account. This is the second check that was issued from them and they cant get it right.

Richard Sternberg
Richard Sternberg
answered on Jan 28, 2021

I don't know whether there is enough money involved to make it worthwhile, but I think a simple one-hour consult would straighten things out. It sounds to me like the brokerage hasn't explained that the funds are not part of the probate estate, so they don't belong in an estate... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: I need case remedies for wv code 37-6a-5
F. Paul Maloof
F. Paul Maloof
answered on Jan 27, 2021

You must consult with a lawyer in West Virginia. I am not one. Sorry. I am licensed in Virginia and Maryland

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3 Answers | Asked in Products Liability, Real Estate Law and Landlord - Tenant for Virginia on
Q: I bought a place, rented it for a few months, lease is up, she is late but won't go. I need to move in my place

I bought a place but was renting and couldn't get out of my lease so rented for a few months with a lease. I had her lease end when my lease is up so i could move into the place i bought.

She won't leave and is always late with rent, What can i do? I have no where to live as... View More

Elizabeth Crego
Elizabeth Crego
answered on Jan 27, 2021

I think there are some details that need to be considered before determining what you can do. You said your lease is up, but it's unclear as to whether the lease for the property you own is up. If it is not, you will have to wait until the end of the lease period unless she fails to pay rent... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Can you be sued by your neighbors for not mowing grass?
Richard Sternberg
Richard Sternberg
answered on Jan 17, 2021

Usually, grass height regulations are either at the county or city ordinance level or in the home owner association rules, declarations, or bylaws. Whether the ordinance or rule has a private right of action depends of the language of that ordinance or rule. Unless there is some rule you are... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Live in bldg with 11 other tenants. Maintenance man enters & steals when we're out. Mgmt defended him. Any advice?

I spoke with mgmt last month & was told to invest in security cameras. Most people here are low income & like myself, can't afford to replace items taken, let alone invest in security cameras. Maintenance man is a convicted felon (murder & robbery charges). He has shown up to... View More

F. Paul Maloof
F. Paul Maloof
answered on Jan 13, 2021

You may want to call the police and make a report.

1 Answer | Asked in Real Estate Law for Virginia on
Q: I live in West Virginia. I made an offer on a home. The seller verbally accepted.

Earnest money was provided and a closing date set already. Now the seller is entertaining offers outside the real estate company

Richard Sternberg
Richard Sternberg
answered on Jan 11, 2021

You may want to review this with a West Virginia lawyer, but the Statute of Frauds came to all of the United States from well back before the foundation of the United States, and contracts in land must be in writing. Oral agreements are a nullity. The question might be whether something was passed... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Virginia on
Q: What happens if an executor steals money from an estate?
Richard Sternberg
Richard Sternberg
answered on Jan 10, 2021

The executor must file an inventory and an account. Anything that isn't accounted will come into question. If you suspect a greater problem, you should communicate with the estate's attorney or with the Commissioner of Accounts.

1 Answer | Asked in Real Estate Law for Virginia on
Q: I'm in Partition Lawsuit. I signed the Deed of Trust, BUT not the note. Am I liable for unpaid note?

I signed Deed of Trust to let Bank know I was aware that the property is collateral for loan, but banker told me that I'm not liable to pay off remaining unpaid portion of note (to sell the property) BECAUSE I'm NOT ON THE NOTE itself.

If opponent refuse to pay, then what? The... View More

Anthony M. Avery
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answered on Dec 21, 2020

It looks like you do not understand the Partition Suit. If there is a Court ordered Sale then the Court will pay alot of expenses and the secured debt against the property prior to the net proceeds being divided amongst the former owners. That is even though you do not owe on the note, the land... View More

2 Answers | Asked in Divorce and Real Estate Law for Virginia on
Q: Good evening, I recently divorced my spouse and want to have his name removed from my mortgage loan. Is that possible?

My home is located in Virginia Beach

Richard Sternberg
Richard Sternberg
answered on Dec 16, 2020

That's something that should have been resolved in the divorce settlement. You'll need to refinance, assuming you can carry the house on your income, including alimony, alone.

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1 Answer | Asked in Divorce and Real Estate Law for Virginia on
Q: My wife and I are having issues. We have 2 houses in her name with a POA. Can she sell the property

I travel overseas for work and have given full POA to my wife. We are having issues and I am afraid she may sell our properties and take all the money. I am not sure if she can take all the proceeds from the sale? What can I do to protect my share? 2 houses in NJ and one in VA.

If she... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Dec 14, 2020

You can revoke a power of attorney at any time. It's as simple as "I hereby revoke the power of attorney given to (name) dated (date)." and then sign it, give her a copy, and make a written note on a copy when you handed it to her. Mail copies to banks, tenants, and anyone who deals... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: My lease ended on nov 28 and the manager knew I wasn't signing another lease well she no longer works here and the

I've been paying 835 monthly but now the new manager is saying I have to pay 1,056 because its prorated rent of 875 plus 100 for month to month and 35 for water does this seem right that I have to pay this amount? They give me 30 days to move out

Richard Sternberg
Richard Sternberg
answered on Dec 7, 2020

You start by reading the lease. Unless it violates local landlord & tenant law, it is binding. I don't know what yours says, because I haven't read it, and they are different.

2 Answers | Asked in Real Estate Law for Virginia on
Q: Contract to purchase real estate. Seller passed away.

I have a contract to purchase a residence and the seller passed away a week ago. Do I have any legal way to enforce this contract as her son is harassing me and saying the contract is void and that he is going up on the price etc.

Is the contact still legal and can I purchase for the... View More

Richard Sternberg
Richard Sternberg
answered on Dec 4, 2020

I saw this question yesterday, but I passed on it because perhaps one of my colleagues had researched it. I’d have to review the contract and, perhaps, do a bit of research in the jurisdiction involved, but I believe that the binding contracts of a deceased person can be enforced as a claim in... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: In Va if you have a contract to purchase a piece of land and the seller dies before it can be closed on. What options

The seller passed away after the contract was signed. We have been paying the mortgage payments for 7 years on her behalf.

Do we have any recourse to have the contract enforced.

Also what happens if the heirs refuse to honor the contract.

Ross Cameron Hart
Ross Cameron Hart
answered on Dec 3, 2020

There are several ways this can still happen, but you'll need a good experienced real estate lawyer to help. There is a statute that applies to pre-death contracts (64.2-523 - here: https://law.lis.virginia.gov/vacode/title64.2/chapter5/section64.2-523/) but you really need the help of a... View More

2 Answers | Asked in Real Estate Law for Virginia on
Q: do I have right to my parents house when I am the steps daughter to my dad real daughter to my mom
Ross Cameron Hart
Ross Cameron Hart
answered on Nov 27, 2020

There are at least three answers to this question depending on facts you didn't provide.

If step-dad and mom owned the property in survivorship and

1) Step-dad died first, then you will have an interest when your mom dies unless she left a will providing otherwise....
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1 Answer | Asked in Real Estate Law for Virginia on
Q: The roof in my condo had an opening in the flashing. It caused excess moisture and mold on bathroom. Is HOA responsible?

My HOA is already trying to claim I am responsible for repairs on the interior but their negligence caused the interior damage (estimate $2000). The HOA office manager also claims my bathroom ceiling should have a vent. But I bought the unit 13 years ago without one. They even tried to pretend... View More

Richard Sternberg
Richard Sternberg
answered on Nov 25, 2020

The answer is contained in your HOA Bylaws and Covenants, and either you need to read them or you need to retain counsel to do so.

Building codes change over time, but the changes are only rarely retroactive. I'm not in the building trades, but I believe at one time in some places, a...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Can a landlord keep a deposit without proof of damages? Can a landlord keep a deposit without damages present?

My landlord has been operating in nefarious ways. I am unsure she will return my deposit to me upon departure. We have only improved the home since arriving (landscaping, restoration cleaning, landscaping, painting, replaced damaged door handles, and chimney swept).

F. Paul Maloof
F. Paul Maloof
answered on Nov 17, 2020

In Virginia, a Landlord is not authorized to keep a security deposit without providing the tenant with a written itemization of the damages to the premises. Proof of damages to the premises is essential to establish evidence for the claim of damages to the premises.

1 Answer | Asked in Real Estate Law for Virginia on
Q: I have a tenant who is late on rent the last few months. I have given her time considering COVID situation. Options?

I have given her time as its pandemic situation. But she has not been responding to my texts or calls. I have asked her multiple times about rent but she is not responding and refusing to meet me or let me into the Property.

What are my options as a landlord?

Elizabeth Crego
Elizabeth Crego
answered on Nov 17, 2020

You can proceed with giving her a 5 day pay or vacate notice, and then filing an Unlawful Detainer in court five days after she receives that notice. The Unlawful Detainer, if granted by a judge, gives you the right to file a Writ for Eviction, which is what the sheriff uses to evict her. There are... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Tenant is not picking up Phone calls and not responding to texts or emails asking for rent

Tenant has been late in paying rent last couple of months. She is not responding to my calls or texts, emails asking for rent. I even went and rang the bell but she wont open the door. The only text she responded was when I told that i would enter the property, she responded saying donot enter. No... View More

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

In Virginia, when a tenant has been late paying rent, the landlord has the right to send by first class mail a written notice to the tenant for 5 day pay or quit. After the 5 days, the landlord has the right to file an Unlawful Detainer in court to seek the return of possession of the premises.

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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... View More

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

In Virginia, there is no such exemption.

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