... for the last few weeks. The sale had "no inspection" contingency. However, in this time period and before closing, one of the appliances broke down (home warranty company confirmed) and I purchased the exact same model as replacement before closing. Legally can I deduct this from the... Read more »
Start with the purchase contract. Did it include a functioning appliance such as the one you replaced? Next, review the lease. Who was responsible for the appliance? Next, back to the purchase & sale agreement. Was there an integration clause and did the unpaid rent pass to the new owner upon...Read more »
Developer owns a majority of the development but wants to start charging an HOA fee, without having an HOA committee of homeowners. It seems as if he wants our money but wants to retain the decision making. Also, if he charges a monthly fee for HOA, should he be paying for his lots?
A planned unit development is usually regulated by a Master Deed or Declaration, which would show whether there is an HOA attached to the development, whether assessments can be charged, and how the amount of assessments is determined. You would need to look at that information, which is recorded...Read more »
OMG, yes. Well, actually, no. You don't need it. You want it. If the house burns to the ground as you drive away from the closing, whatever is left, including the requirement to clean up and rebuild the eyesore, is yours. If some else burns it down and goes to prison for arson for doing it,...Read more »
How can I get his name off the discharged mortgage? I have the quitclaim deed and divorce paperwork showing it is mine. Im sick of him being able to access mortgage info as well as things being mailed to him from the bank. The property is in VA.
I recently acquired a property that belonged to my father, who passed away. The property had an additional home that has tenants in it. there is however no rental/lease agreement or rental history in place. I have notified them with intent to sell giving a 30 day notice and offering a cash for... Read more »
In Virginia, once the Deed of Distribution from the Estate's Executor is recorded and you are the title owner of record, you can put the property on the market for sale and must disclose the property is occupied by tenants under a month to month tenancy. If you want to terminate the month to...Read more »
We are buying a property, and the owner had a verbal agreement to share the well and septic that are on the neighbors property. She has no problem sharing, but we are concerned what would happen if she sold her property.
The Internet has been both a blessing and a curse for tenants. On the one hand, it is much, much easier to find a competitive tenancy and to get a fairly accurate idea as to the price for comparable homes. On the other hand, landlords uniformly use credit checks and eviction records to qualify...Read more »
I'm an owner of my home in a COA. My COA sealed around some common pipes, but the secondhand smoke still seeps into my home and affecting my breathing. The COA can't tell me why this is happing and my neighbor's efforts has not stop the issue and has grown worse in the last five... Read more »
Seeping of toxic vapors onto one property from another is Nuisance, and your best choice of counsel might be a lawyer who does real estate litigation. If there are resulting health concerns and medical bills, a personal injury lawyer might consider the case, but the financing model for such lawyers...Read more »
There are issues with the house and I really can't afford to fix house, renter is giving me hard time and I prefer to sell house as is and just move on but tenant is stating she will not leave until lease is up
On the bottom of each page on the lease states this contract is for use by ___. Use by any other party is illegal and voids the contract. So can the new landlord put an X where the pets section is without us both signing? Is this contract valid? Is my landlord in the wrong for threatening me about... Read more »
Generally in Virginia, when there is an existing lease in place and the owner/landlord sells the premises to a buyer, the lease remains in place, the buyer assumes the rights and obligations under the existing lease, and the lease's terms remain unchanged between the new owner/landlord and the...Read more »
We need more facts to answer. Was she the spouse at the time the house was acquired or was it premarital property? Since you refer to them as your mother and father, we might assume this was a traditional marriage, but that is far from certain. If they bought the house while married, And they were...Read more »
The lease states, “The lease may then be terminated by either party giving 30 days written notice prior to the end of the rental month.” If I give written notice on Aug 10, am I obligated to pay rent through Sept 30 or can I end my lease mid- September? This is in Virginia. The lease was... Read more »
The general rule for '30-day notice' clauses is that they run to the end of the next rental period following the date notice is given. Thus, in your example notice given today (or Monday, August 10) would be effective September 30.
I closed on my house last week. 4 days after the purchase we had a rain storm and the roof leaked in multiple areas, one area seemed to have been ongoing. There were areas that were tarred but the area was deemed sound at the time of sale and only cosmetic (I believe the contractor that assessed... Read more »
Is someone at fault? Yes, but mostly you for not having a lawyer advise you on the largest purchase of your life. Now, you will need a much more expensive review to determine who, if anyone, breached their duties to you. Sorry. It cannot be reviewed without the contracts, the advertisements, the...Read more »
I moved into a rental as a third party not on the lease, though I had the Landlord's permission. I have been residing and paying rent to my roommate for 7 months, and she paid the landlord. The lease was on an automatic renewal set to end July 31st and my roommate (who is on the lease) did not... Read more »
It seems to me that there are a few different ways this could be interpreted.You could be regarded as merely a permitted occupant for the last seven months under the lease with your roommate, which creates no independent obligation on your part. It also provides no protections for you and you would...Read more »
the renewal section it states the following ; Tenant at the expiration of the lease term shall become a tenant monthly at the monthly rental as paid for the last month of the lease term to be paid aforesaid, and tenant shall be subject to all agreements and conditions herein contained , either... Read more »
Your notice of termination is effective August 31, 2020 - from your quote of the lease language: notice is "to be effective on the last day of subsequent month.". Otherwise it appears your interpretation is correct that you were on a month to month for the past 3 years. Since the...Read more »
I understand that I have the right to trim it on my own, anything over my property, but I want to know if the risk of the tree damaging my house qualifies as right of nuisance so that I can request the HOA trim the tree.
I have a second home that a person wants to rent. It is not up to code and would not pass the laws under the Virginia Residential Landlord and Tenant Act. The person wanting to rent is a contractor and wants to make the repairs himself in lieu of rent. We would not charge any rent for an agreed... Read more »
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