Get free answers to your Real Estate Law legal questions from lawyers in your area.
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
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.
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?
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.
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
answered on Nov 20, 2018
Based on what you stated in your message, it sounds like everything was done correctly by the landlord.
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
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.
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
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
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
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
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
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
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 ?
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
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
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.
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
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
LL claims he only has to give me thirty days. I have a year lease.
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.
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?
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
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.
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?
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
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?
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... View More
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.
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... View More
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
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.
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
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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