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Virginia Real Estate Law Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Is charging tenants $10/day starting the 2nd for late rent legal, or is she bound to the state regulation of 5 days?

She insists she is able to charge us that rate beginning the 2nd if she hasn't received the money order. She also recognizes that she can't charge us until the 5th but is comfortable accruing fines before the fifth and charging us on that date.

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

In Virginia, a late fees is a matter of contract and provided for in the lease. The 5 days refers to the failure of the tenant to pay rent when due so the landlord is required to serve on the tenant a 5 day notice to pay or quit before the landlord has the right to demand possession of the... View More

2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: Can a landlord enter into a verbal agreement with tenants and upon changing their mind, charge tenants retroactively?

My landlord rented a house,wood shed, and small shack for the agreed upon rate. She then changed her mind, said the 4th structure is included in our rent, and we owe her rent for the prior 2 months on that space.

Richard Sternberg
Richard Sternberg
answered on Nov 16, 2020

Any contract on land must be in writing. The verbal agreements are unenforceable anyway. It may take a while to remove you as squatters, because it appears that you have no lease but occupy of right.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: warrant in debt or unlawful detainer?

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F. Paul Maloof
F. Paul Maloof
answered on Nov 14, 2020

If you move out in 5 days, the landlord will file a Warrant in Debt since possession is not an issue.

2 Answers | Asked in Real Estate Law for Virginia on
Q: In response to your response. We were able to maintain the home because my brother was living in the home at the time

They entered the nursing home and is on disability therefore Medicaid can not include it as asset, as I stated he is not interested now in continuing to stay after dad passes I don't want to lose my parents home my question is IF he decides after our Father passes not to remain in the home and... View More

Richard Sternberg
Richard Sternberg
answered on Nov 10, 2020

Yes. Taking over payments on a mortgage and/or taking over payments on taxes has no effect on title. You need to sit down for an hour with a lawyer to review all of the relevant facts and then negotiate a resolution that benefits the family best. An informal or aspirational plan as you've... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: My mother recently passed my father is still living in nursing home their will states my older brother is to be given t

The family home which he has moved into already the home still has a mortgage for 8 more years he is already struggling 6 months in to it if he walks away from it and my dad passes and I assume the home can my brother come and take it from me.

Ross Cameron Hart
Ross Cameron Hart
answered on Nov 10, 2020

There's a whole lot more to your problem than your brother moving into the home. What does the deed to your parents for the home say? Was the property in survivorship (tenants by the entirety)? Your father is in a nursing home; how is his care being paid? Is he on Medicaid? If so, he owns... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Are sandwich leases legal in VA? Where I act as landlord and rent/sell the property for the owner without a RE license?

If a landlord is having a tough time selling a property or doesn't know how. I want to be able to lease the property for two years and then sell it for the owner. Which is a lease to own. Once the house sells, I would take the profit from the buying price and give the owner what he/she wanted... View More

F. Paul Maloof
F. Paul Maloof
answered on Nov 8, 2020

I believe that any real estate representation that is tied to a lease or purchase/sale transaction requires the party acting as the agent to be a licensed realtor. You may want to check with the Northern Virginia Realtors' Association located in Fairfax, VA

2 Answers | Asked in Real Estate Law for Virginia on
Q: Is an unrecorded survey valid for a new owner when the purchase agreement used the original deed and description?

The new survey was completed in 2015 and changed the lines significantly. Both parties signed the new survey. This new survey was not recorded by either party (the smaller property is surrounded by another very large property on 3 sides, with a road as the 4th side). Neither party changed their... View More

Shafeek Seddiq
Shafeek Seddiq
answered on Nov 8, 2020

I assume the subject property is in Virginia, if so, then several issues are not clear. The two deeds were not changed. Not sure which deeds you are referring to. The person who sold it to you and the neighbor, I presume. Also, it appears you are saying the deed(s) describe line boundaries. Or the... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Home has been sit vacant for 5 yrs. Mort comp lists on last deed of trust does not own prop. Is new comp req 2 file dee
Richard Sternberg
Richard Sternberg
answered on Nov 7, 2020

English is also a useful language. I'm going to guess that "mort" is short for "mortgage" rather than the old French word for "dead;" "dee" is just a typo for "deed;" "sit" is a grammatical error for "sitting;"... View More

2 Answers | Asked in Real Estate Law for Virginia on
Q: Are mortgage companies required to file a deed of trust on a property they purchase from another mortgage company?
Ross Cameron Hart
Ross Cameron Hart
answered on Nov 6, 2020

Your question is not clear. I assume you have an existing mortgage, held by company "A". You have now been told that the loan is held by company "B". If that is the case, then no, "B" doesn't have to file a new deed of trust (or anything else for that matter).... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: I have property in Virginia in which I asked for, and received, a building permit to have a 30x50 metal workshop on a co

I have a property in Virginia in which I asked for, and received, a building permits to have a 30x50 metal workshop on a concrete slab on my residential property for residential use. Long story short, no one ever asked for a shrink/swell test of the soil before building, and as I now know was a... View More

Richard Sternberg
Richard Sternberg
answered on Nov 3, 2020

I've never heard of such a law suit. My guess is that the building inspector is immune, but it would require some research. I don't think the issuance of a building permit is a form of insurance for the safety of the building from claims by the applicant. The liability might lie with the... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: My mom and stepdad owned 2 houses. My mom died and stepdad 9 months later (no wills). My mom has 5 children, stepdad 2.

They had no children together. The properties were in my mother's and stepdad's names. My stepbrothers name are on the houses. The houses are now up for auction due to delinquent taxes. Do my siblings and I have any rights to the properties? We are all basically in the city. No one... View More

Richard Sternberg
Richard Sternberg
answered on Nov 1, 2020

You need to get thee to a lawyer pronto to run a title search. It matters very much how the houses were titled. That might not matter after the auction. If, however, you have rights, and, potentially, even if you don't, this is one of those times when you might be able to "buy it for the... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: My parents was never married my dad was a cosigner my mom passed away my dads name is still on the title to my moms hous

What rights does he have he havent lived in the house over 10 yrs how i can put my name on the title

Ross Cameron Hart
Ross Cameron Hart
answered on Oct 25, 2020

You question leaves out a lot of information that is needed for us to provide an answer. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it... View More

2 Answers | Asked in Real Estate Law for Virginia on
Q: I am selling my moms house to my cousin. There is no mortgage and price agreed. Do I need a real estate lawyer?

Do I also need to hire a lawyer or can I sign the contract from my cousins lawyer and be done? He is obtaining a mortgage which is part of the contract. No one else has ever owned this property besides my mom. She does not live there and I have power of attorney to sign contracts, including real... View More

Vincent Gallo
Vincent Gallo
answered on Oct 25, 2020

Ask yourself, are you confident that you know how to fully complete the deal yourself wrh no mistakes?

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2 Answers | Asked in Real Estate Law for Virginia on
Q: My mom / dad cosigned a house together they split up was never married my mom made all the payments she passed away last

Month i paid the remaining balance they they sented the title to me but my dads name is still on it and he wont sign it over to me what should i do im the only child i own the land as well

Richard Sternberg
Richard Sternberg
answered on Oct 24, 2020

We'd need much more precision to be able to advise you. If title was in the name of both of your parents and was purchased during the marriage and they never divorced or altered title before your other died, then your father has title. Your or your mother's payments are probably... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: I have water damage in my condo that is our associations responsibility to fix. Can I sue them to complete the work?

I have had multiple occurrences since purchasing my condo in 2016. I have documentation asking for the damage to be fixed multiple times and each time it is patched up temporarily. I have had furniture damaged, rugs damaged, lighting fixtures damaged and my association refuses to take the lead on... View More

Elizabeth Crego
Elizabeth Crego
answered on Oct 13, 2020

You may be able to bring legal action against the Condominium Association if they fail to take responsibility for something that is their responsibility. However, determining what is the CA's responsibility and what they should do is complicated and requires both a knowledgeable review of the... View More

2 Answers | Asked in Real Estate Law for Virginia on
Q: Can a sibling evict me from my home when both names are on the deed? She claims she is only required to give 30 days.

My sister has drafted a home made eviction notice and is stating I need to leave the home within 30 days according to Virginia law. Both of our names and two other siblings names are on the deed. She is also claiming there was a verbal agreement that while she moved into the home, that no other... View More

Richard Sternberg
Richard Sternberg
answered on Oct 12, 2020

A common co-tenant of the whole cannot "evict" another common co-tenant of the whole from the premises. The reason she has made mum her own form is that there is no lawyer who would draft one for her. What you need is a lawyer to file a petition for sale in lieu of partition so you can... View More

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2 Answers | Asked in Real Estate Law for Virginia on
Q: Our rental agreement is through 2024 and we’ve rented from same owner for 7 years, but the owner has decided to sell.

We were just notified by a realtor our landlord wants to sell their house. Of course, we’ll try to work out an amicable purchase price from our landlord, but he believes his property is more valuable than the current market dictates. What should we do to in the interim to protect ourselves... View More

Richard Sternberg
Richard Sternberg
answered on Oct 8, 2020

You may want to review your lease with a lawyer. If it is valid, it should be unaffected by the sale. The new owner will take subject to the lease, and, in recent markets, a home valued as a rental is usually worth less than a home for owner-occupancy. If you want to buy, you may want to have a... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Can I break my lease due to unhealthy conditions?

My apartment complex claimed to be smoke free. On a daily basis, cigarette and marijuana smoke come into my apartment from neighboring apartments. I let the management know, but it is still happening. This has been affecting my health as I do not smoke. Can I break my lease without penalty? Is that... View More

Elizabeth Crego
Elizabeth Crego
answered on Oct 8, 2020

You may be able to force the apartment complex to let you out of your lease, depending on how bad the situation is and how definitively the apartment has prohibited smoking. You may have a harder time proving that the situation exists and is dangerous to your health than you think. The process for... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: how do you transfer the deed on a home and land that still has a mortgage against it?
Richard Sternberg
Richard Sternberg
answered on Oct 7, 2020

You sell it, which, in most but not all cases, triggers the due on sake clause, so you pay off the mortgage with the buyer or grantee taking out their own mortgage note.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can I build a home on land that I am not on the deed of?

My wife and her ex-husband are the current deed holders but my wife and I are considering building a home on the same property. Can we do so without having his written permission? He no longer lives there and has not for the past six years nor does he pay the mortgage.

Richard Sternberg
Richard Sternberg
answered on Oct 7, 2020

He should wait for you to finish building. If the building detracts from the property, he can sue for damages or an order that you pay to demolish it. If it adds value, he should petition for sale in lieu of partition and split the proceeds with you. You might get the costs of your construction... View More

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