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Virginia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Garnishment Hearing

I’m a landlord and evicted my tenant for non payment of rent and received a judgement from the court. I then issued a garnishment summons to the tenant and her employer. I set the hearing for 3 months later and was told that during this timeframe the employer should be sending the garnishment to... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 14, 2018

At a garnishment hearing, the court will hand over any checks received from the employer. If the employer does not provide any checks, you can ask for a Rule to Show Cause. The employer and/or the defendant do not have to appear at the hearing.

1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Q: What Virginia law, requires a Homeowners’ Association with a court recorded Declaration, to have a Board of Directors?

Are bylaws required authorizing and defining the Board of Directors? Are bylaws required to authorize and define officers? Is a defined and authorized voting procedure required? What law requires them?

F. Paul Maloof
F. Paul Maloof
answered on Nov 26, 2018

You should review the Property Owners' Association Act, which is codified under Virginia Code Sections 55-508 through 55-516.2. The Act is multifaceted with provisions and may provide answers to your several questions.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: I live in public housing in Roanoke Virginia can I stay if the letter for notice reservation was delivered 11 days after

On October 26th I was talking to court for non-payment of rent from Roanoke Redevelopment and Housing Authority public housing on November 5th I paid the payment in full and thought everything was fine until I got a notice to vacate the premises by the Roanoke Sheriff's Office on November 15th... View More

F. Paul Maloof
F. Paul Maloof
answered on Nov 20, 2018

Based on what you stated in your message, it sounds like everything was done correctly by the landlord.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Who receives escrow after sale? The previous owners or new owners?

My husband and I sold our house to an investor who took over the mortgage and then paid off the mortgage in full. He will resell the house and receive all proceeds from the house. My husband and I received an escrow check in the mail and need to know if legally it is ours or if it goes to the... View More

Vincent Gallo
Vincent Gallo
answered on Nov 16, 2018

Whoever may be entitled to the escrow pursuant to the terms of the contract or, alternatively, pursuant to the terms of an executed escrow agreement.

2 Answers | Asked in Real Estate Law for Virginia on
Q: The officers of my HOA claim they are the Board of Directors despite never having been elected.

The HOA has no bylaws: no directors have been defined and approved, no officers defined and approved. There has never been an election of Directors. There is no voting procedure documented. The nominal officers claim to be the Board of Directors. Is this claim valid? The Board of Directors meeting... View More

Richard Sternberg
Richard Sternberg
answered on Nov 16, 2018

Virginia Law has soecific requirements for the creation and recordation of a condominium association or homeowners association. It is highly unlikely that the situation you describe is factually accurate. Get a lawyer to run a title search and read the Declarations, which are required to be... View More

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Virginia on
Q: Can a private individual own a state road?

A year after purchasing my home I found out that the neighbor across the street owns across the road and about 10 feet onto my front lawn, along the the entire front of my property. We have a deeded right of way, which we believed to be with the town, as there is an old road bed there. We have done... View More

Richard Sternberg
Richard Sternberg
answered on Nov 13, 2018

It is possible for a private individual to own the land on which a right of way is given to another. Many jurisdictions prohibit creating and selling parcels that are “landlocked,” but it sounds like yours isn’t. Often, though, the neighbor’s claimed rights don’t match the recorded... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: if you are joint owner in a property with your spouse can he sell your property without your consent?
Richard Sternberg
Richard Sternberg
answered on Nov 12, 2018

No. Your signature is needed on the deed.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can I sue my real estate agent and inspector?

I purchased a home in 2013, I saved for 5 years for Vinyl siding. Now that the contractor has started he has found all kinds of rotten wood that took years to rot. He said the inspector should have found all of this with his inspection. It is coming up to 40k to get fixed. What can I do? Who... View More

Richard Sternberg
Richard Sternberg
answered on Nov 10, 2018

As to the Seller or the realtor, the question will be whether the rotten wood was known or should have been known and whether it was concealed by the Seller or the realtor. If you didn't know about it for five years, you might have a tough time proving that they knew about it, but I can think... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Easement by a previous lender.

I am buying a lot in VA, there was an easement on the driveway by a previous lender. There is No lender now, do I need to nullify the deed of easement ?

Richard Sternberg
Richard Sternberg
answered on Nov 7, 2018

You need a title search, which it sounds like you have. You need the easement read by a lawyer to determine whether it expired with the release of the note by the prior lender. If it did not, you need to get the lender to record a release of the easement, or you need to file an action to quiet... View More

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Q: Month-to-month since 2013 w/higher monthly rate. Just told of new offer, $600 more/mo or sign year lease. Can LL do this

2010 had lease for yr, renewed one more (higher rate); Spring 2013 end of lease, then month-to-month ever since. Recently, I kept inquiring if ofc (apt bldg/property) would enforce parking/towing since garage I pay $110/month for often has violators. Also recently had dishwasher problems,... View More

F. Paul Maloof
F. Paul Maloof
answered on Nov 2, 2018

Under the laws of Virginia, the Landlord has the right to increase your rent on a month-to-month tenancy on a 30 day written notice. Your right is to move out and not pay the increased rent. If you remain in the premises, you are obligated to pay the increased rent.

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1 Answer | Asked in Real Estate Law for Virginia on
Q: If a parent put real estate in adult childs name, is there taxes or laws about that said child selling it?

An adult who put real estate in adult childs name and it has been there for over 5 yrs. and the parent has been living there but if the parent has to move is there restrictions on the adult child selling said property or is there tax issues or pentalities if it is sold or is there a longer waiting... View More

Richard Sternberg
Richard Sternberg
answered on Oct 27, 2018

You should have lost the Homestead exemption if you weren’t living there, but the real estate and transfer taxes should be the same as a normal transaction when you sell it as long as your title was recorded five years ago. You might have a title agent or lawyer look up the tax and title records... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: My LL wants to renovate the building I am living in. Is it his duty to provide me with another residence? Year lease.

LL claims he only has to give me thirty days. I have a year lease.

F. Paul Maloof
F. Paul Maloof
answered on Oct 19, 2018

Landlords renovate buildings all the time. There is no duty for the landlord to provide alternative accommodations unless the renovations make the premises uninhabitable.

1 Answer | Asked in Real Estate Law for Virginia on
Q: When a person dies, who is considered that person's heirs if the deceased has no children ?

If a person owed money to the now deceased person with no children, does he or she have to continue payment? If so, to whom is the money owed?

Richard Sternberg
Richard Sternberg
answered on Oct 6, 2018

There are many factors that can alter the results, so getting a consult with a practicing lawyer would be valuable, but, assuming the deceased resided in Virginia at time of death, intestate succession is defined by: <https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-200/>.... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: If a tenant has done repairs without LL approval nor notice is the LL liable for the cost of the repairs?
F. Paul Maloof
F. Paul Maloof
answered on Sep 24, 2018

If the repairs for which the tenant had a contractor make the repairs are in accordance with the requirements imposed on the tenant by the residential lease, the landlord should not be held liable for the costs of those repairs.

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Pls explain the term, "mutual liability for necessaries" in layman's detail

When a married couple, who were building a house in VA prior to 2014, separated for 4 years, are spouses legally responsible for each others subsequent debts if all prior debts were fully and appropriately allocated at time of separation?

Richard Sternberg
Richard Sternberg
answered on Sep 16, 2018

The agreement you made with your ex-wife to allocate marital debt has nothing to do with the third parties to whom you owe money unless they signed the agreement and agreed to let you off the hook. Once the bonds of matrimony are broken, however, the doctrine of necessaries no longer applies to... View More

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Supposed to move in on 9/1 but still waiting due to renovations. Can I end the lease and get deposit back?

The lease started on September 1st and states specific renovations would be completed before then. These are still ongoing, preventing me from moving in. I want to ask for my security deposit back and look for another property to rent. How do I go about doing that?

Richard Sternberg
Richard Sternberg
answered on Sep 14, 2018

1. Review the lease. Look for conditions precedent and time is of the essence clauses. Look for liquidated damages clauses, too. If the lease favors you, consider filing suit for damages.

2. Notify the Landlord that they are in breach, and you need immediate housing as contracted. Tell...
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1 Answer | Asked in Real Estate Law for Virginia on
Q: Can a lender require me to use a closing agent owned by their company to close a construction loan?
Richard Sternberg
Richard Sternberg
answered on Sep 14, 2018

If the property being secured is a residential property, the answer is no. If the security is not covered by RESPA, you should pay to have a lawyer representing you involved in the transaction.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Im interested in forming a company dealing in Realestate mainly for flipping houses. Should I create an LLC or a Corp?
Richard Sternberg
Richard Sternberg
answered on Sep 13, 2018

There are multiple factors to consider, and you will be much better off discussing the matter in a one-hour consult with a lawyer. Be prepared to answer questions like:

• are there any non-resident owners or investors

• are there potential liabilities in any of the separate...
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1 Answer | Asked in Real Estate Law, Bankruptcy and Contracts for Virginia on
Q: Who is responsible for providing me alternative housing while during repairs and mold remediation?

I rented an apartment from a landlord that had a lease to purchase contract on a home that had two apartments included on the property. The person I rented from filed personal bankruptcy and walked away from the property before she was served an eviction notice from the owners of the property.... View More

Timothy Denison
Timothy Denison
answered on Sep 10, 2018

You will probably have to pay for it initially and hope for reimbursement from the owners insurance. The landlord is not an option for payment.

1 Answer | Asked in Real Estate Law for Virginia on
Q: I am duel owner on a property with my aunt. I want to sell but she refuses to speak to me. how can I force a sell?

her son is living in home and destroying it. She hasn't been in the home in 8-10 years. I've tried to evict him but she overwrites me every time. He isn't paying the taxes(the only thing he had to pay) She is refusing to speak to me at all. I want to sell or have her buy me out of my... View More

Richard Sternberg
Richard Sternberg
answered on Sep 8, 2018

A petition for sale in lieu of partition has a specific provision in Virginia law, and the legal fees get reimbursed from the sale. While you are at it, add a count for contribution for his half of all expenses.

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