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Virginia Real Estate Law Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Is it possible to be removed from a lease by an attorney when the leasing agency doesn't offer much help?

I originally signed this lease when I attended college in Richmond VA, at VCU, but sadly I made a mistake and was forced off the property by 1 roommate and I've been collecting my rent statements, and I put an ad up for the room, as the leasing agency told me to do, but as far as I know not 1... View More

Richard Sternberg
Richard Sternberg
answered on Dec 28, 2019

I think it is time to consult with a lawyer. There is no reasonable way you can get accurate advice in such a complex setting from an Internet search.

2 Answers | Asked in Real Estate Law for Virginia on
Q: I’m in Virginia and have a question about lifetime right to property

I purchased real estate and allowed someone lifetime right and now she has been in a nursing home for almost 6 months I am being told she will never return and her son is in the property and trashing the place and not keep up with maintenance

Richard Sternberg
Richard Sternberg
answered on Dec 26, 2019

I think you need to get to the details with a real lawyer. You need to review the actual grant of the life estate, because lay people often describe personal licenses as life estates. Then, you need to convey to the lawyer what the son is doing to the place, because a tenant, whether for years or... View More

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3 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Q: If a property management company closes and assigns the lease to a new co. do the lease terms still apply?

New company is increasing the rent, and required me to apply to qualify. They came back to me saying they are going forward with a new lease with a term of 15 months instead of honoring my existing lease term (expires in 2 months) and my existing rental amount. I cannot understand how a legally... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 22, 2019

One party to a lease has no right to change the terms of the lease unless the other party to the lease agrees in a written amendment to the lease.

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Can I rent my grandparents home that was willed to their children?

My grandparents willed their VA home to their children. Four of the 9 children are still living but no one is living in the home. Can the home be rented to any of the grandchildren w/o having to give them lifetime rights?

Richard Sternberg
Richard Sternberg
answered on Dec 20, 2019

The house can be rented to anyone on the planet by the owners. A lease does not create lifetime rights. Use a real lease to avoid creating squatters rights, which, in DC, are pretty terrifying for landlords. The lease should account for the fact that it's a family deal by including arm's... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: My lease states once house is sold we have 30 days to vacate property.

We where told on November 17 that the person looking at house loan was approved. And we should have til end of December to find new place. Then on the 27 of November was told the closing would be on December 20. But on my lease it stated once property is sold we have at least 30 days to move. Does... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Dec 16, 2019

The general rule is that a document is construed strictly as to the drafter which I presume was the landlord. Anything unclear (capable of several meanings) is thus interpreted to favor the person who did NOT draft it. And words are usually given their 'ordinary' meaning.... View More

1 Answer | Asked in Appeals / Appellate Law, Real Estate Law and Gov & Administrative Law for Virginia on
Q: Broker appeal REB decision? VA Supreme Court rule 2A:2(b) & 2A:4 within 30 days? What do I need to do? Thanks.

18VAC 135-20-160.B: There was incorrect DPOR form on file intended for mailing purposes. Since corrected. However, I sent them 4 other documents, including clerk of court certificate, that clearly indicate place of business address. Plus, a site visit was never done inside the residence. A site... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Dec 14, 2019

There's an old (very old) saying most popularly attributed to Abraham Lincoln - see https://quoteinvestigator.com/2019/07/30/lawyer/

In the past I have served on a state board, and represented others before state boards. The process is technical and full of traps - you need a lawyer....
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2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: What options do tenants have if landlord disconnect wifi, additionally wifi, cable and the like were included in lease

VA residential lease

F. Paul Maloof
F. Paul Maloof
answered on Dec 9, 2019

In Virginia, if the lease provides that the landlord shall provide wifi, cable and the like yet disconnects those services, the tenant can bring a claim against the landlord for breach of the lease contract.

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1 Answer | Asked in Real Estate Law, Animal / Dog Law and Land Use & Zoning for Virginia on
Q: Can I challenge the legality of Va. Code 18.2-136 "Right to Retrieve" in appellate court?

Owners of hunting dogs can access private property with or with out permission of the owner at any time. In fact, by code, a property owner can't deny access to private land under any circumstance.

I think the General Assembly has this wrong. How can I challenge this in court. Seems... View More

Richard Sternberg
Richard Sternberg
answered on Nov 26, 2019

One thing I love about law practice is that I keep learning new things 35 years after I started practice and about 29 years after I became a Virginia lawyer. Interesting Code section. A trip to a real library rather than the Internet version would get the history of the statute first enacted before... View More

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Virginia on
Q: Does BOD have authority to apply surplus from a special assessment to LTR?

I'm on a very small HOA BOD. We recently collected a special assessment to fix a washed out culvert. We collected a special assessment based on an estimate we had received from a local contractor. We were able to repair the culvert for less with another contractor.

Richard Sternberg
Richard Sternberg
answered on Nov 25, 2019

The answer may be in your bylaws. Read them or retain a lawyer to read them.

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: With respect to residential lease Under what circumstances Can a lease holder (home owner) raise rent during lease?

Lease is six months beginning September 2019

Elizabeth Crego
Elizabeth Crego
answered on Nov 21, 2019

A landlord can raise the rent only after the lease period ends. Typically, with your six month lease, it would convert to a month-to-month lease (unless the lease says otherwise) at the end of the six month period. For the first six months, the rent amount would stay as it is written in the lease... View More

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: Can a landlord increase rent during a VA residential lease? In lease contract line 13 reads landlord can during anytime

In the event landlord can raise rent, how much notice is needed? Said differently, can the increase be effective immediately i.e. at next due payment?

In the event the tenants don't agree can the landlord evict tenants before the end of the lease?

Of note, this is a six month... View More

F. Paul Maloof
F. Paul Maloof
answered on Nov 15, 2019

In consideration of a lease with a 6 month term, at the end of the 6 months, the lease becomes a month-to-month lease by operation of law unless it is renewed in a new written document. During the term of the 6 months, it is a binding contract for which the rent cannot be increased unilaterally but... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Can I enter the rental freely?

I have a tenant renting a room in my rental property which is a 2 bedroom house. Do I have free access to the rest of the property and common areas without giving notice, if they are just entitled to the 1 bedroom? (For repairs, inspection, etc.) Also, their lease is up anyway and have been... View More

F. Paul Maloof
F. Paul Maloof
answered on Nov 2, 2019

Your lease should address the issue of the landlord's right to enter the premises, whether it is the room being Individually leased or the whole house. Generally in Virginia, the landlord may enter the premises by giving reasonable notice to the tenant. The focus should be on what area of the... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for Virginia on
Q: We just purchased a house under a Virginia Real Estate contract.

All parties agreed on price and signed. Can the seller back out because the appraisal came in higher than expected?

F. Paul Maloof
F. Paul Maloof
answered on Oct 28, 2019

There are certain contingencies in a NVAR form real estate contract, revised as of July 2019, if that is what was used. There may or may not be an escape clause in the real estate contract you signed. The best way to know if to hire an attorney who can review the contract and give you a formal... View More

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2 Answers | Asked in Real Estate Law for Virginia on
Q: I am trying to find the deed record for a house I am wanting to buy in Va to see if there are any easements recorded.
Richard Sternberg
Richard Sternberg
answered on Oct 27, 2019

Order a title search from a reputable abstractor. That's what they do. If you you enter a contract contingent on the property being free and clear and the accepted contract is given to a lawyer doing the title transfer as a title agent, the title abstract is usually an included expense.

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Settlement and possession laws?

We closed on our house at 6pm Friday so the documents won’t be recorded until Monday. We’re also still working on finalizing an escrow holdback agreement for repairs seller needs to pay for post closing. It’s now Saturday and the sellers are asking for keys and access back to the property. We... View More

Richard Sternberg
Richard Sternberg
answered on Oct 19, 2019

You are the owner as of closing without regard to recordation, at least as to the seller, but what form of fantasy would lead you to close with an unfinished escrow agreement for repairs that aren't competed!? How are they to do the repairs? How are you to take occupancy? Who is responsible of... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Hey question I my boyfriend and his mother all own a house split 3 ways. My boyfriend and I want to rent our rooms

This is legal even if she doesn’t want it correct cause we have the Majority 66% pull

Richard Sternberg
Richard Sternberg
answered on Oct 18, 2019

Co-tenancy isn’t majority rules unless the property is held by an entity like a corporation and the shareholders elect a board and president that orders sale. If the property is indivisible, like most homes, each owner has the right to occupy the whole, and each owner has the duty to contribute.... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can a HOA Charge you for not power washing a deck that is the Responsibility for them to keep Maintenance of everything.
Richard Sternberg
Richard Sternberg
answered on Oct 17, 2019

What do the Covenants say about that? Do they incorporate any other documents, like bylaws? Do they create a governance system? Is that governance consistent with your state and sometimes local law? Did that governing body get duly selected in accordance with the applicable rules? Were the... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Virginia on
Q: Can someone presently be the nominee of a dead person? Do you turn into a nominee of their estate?

If someone is the nominee of a person when he/she is alive, does that person remain a nominee if the other individual dies or does that person become the owner of the dead person's property?

Nina Whitehurst
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answered on Oct 17, 2019

If you are referring to the agent under a power of attorney, then the answer is no, the power of attorney automatically terminates upon the death of the principal. Also, agents under powers of attorney do not automatically inherit. Inheritance is determined by the decedent's will or, if the... View More

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2 Answers | Asked in Contracts and Real Estate Law for Virginia on
Q: My realtor & broker refuses to take our property off the market after we told them to. Is this legal?

We wanted to get out of our contract but they declined that. So we decided to take the house off the market. They then told us the house would remain listed until the contract expired. Can they do yhis

Ross Cameron Hart
Ross Cameron Hart
answered on Oct 8, 2019

First you need to read the listing agreement you signed. Or consult a lawyer to review it and advise you of your obligations.

If you remove the property from the market, you may owe commissions and fees for early termination. And if they produce an offer that EXACTLY matches the terms...
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1 Answer | Asked in Real Estate Law for Virginia on
Q: What happens to the estate if all individuals named in the will can’t be located?

Will in probate in Arkansas

Richard Sternberg
Richard Sternberg
answered on Oct 5, 2019

All of my states have a procedure for depositing the share of the missing heir into the registry of the Court. Consult a local lawyer or the probate clerk's office.

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