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Virginia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: I'm breaking my lease, and agreed to an offer from the landlord but he wants me to move out immediately. Can he do that?

I agreed to pay three months rent up front for breaking the lease, but he also wants me to move out immediately. Can he ask me to vacate immediately? If he rents the apartment after one month, can he keep my rent for the other months I paid for?

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

If you sign a document that agrees to what you indicated, you will be bound by the terms. Be careful about what the early termination agreement places as an obligation on you.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: If I move out b4 the terms of my lease b/c of noise issues, what can the landlord claim from me if it can't be fixed?

There are severe noise issues coming from piping in the walls in other condos above and around us which leave us awake at night. Landlord tried to fix it, but there is still significant noise disturbance. We want to leave and offered to pay 2 months rent and waive our security deposit, so the... View More

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

It is hazardous to give you a definitive answer to your question. It is possible that your liability and exposure to monetary damages would continue until the premises was re-rented by the landlord....or you found a sub-lessee to take your place and assume your obligations under the lease.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Date to close has passed and # of days after that is listed. Can someone explain settlement and possession in depth.

Trying to understand verbiage since our agent is not in the picture even with the binding contract. Realtor was under impression we had the broker agent over the dual agents representing both sides helping us which actually is the opposite. Now no returned calls, emails and title company / closing... View More

Richard Sternberg
Richard Sternberg
answered on May 13, 2018

There is no way to answer your questions without an interview to understand the facts. As buyer, you had the right to choose the closing agent, and you might have done better for the same price choosing a lawyer. But, you can independently buy a consult to unravel the situation and determine your... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Dual agency with broker agent confirming error on closing costs from both sides. Everyone pointing fingers vs helping.

Our agent has basically gone quiet. No communication until we contacted corporate. Beyond frustrated and want to understand our rights.

Richard Sternberg
Richard Sternberg
answered on May 13, 2018

Perhaps you should seek a consult with a lawyer who does real estate and is also a CRESPA licensed settlement attorney.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Virginia on
Q: I opened a paper street to access my driveway easier is there any way to stop kids riding dirt bikes from tearing up?

I'm told they have right to ride on even though I paid to have graded and graveled.

Richard Sternberg
Richard Sternberg
answered on May 7, 2018

I’ve never heard of a private paper street. If it is really a public right of way, then people can drive on it. You might ask a lawyer, title agent, or surveyor to examine title to determine if it was a paper street, and you might ask the police to enforce road safety laws on the now-public right... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Won house at auction. I've no title because of liens. Paid deposit. Is it crime to rent house? Or is it just unethical?

Seller was contracted to pay closing and liens. Owner has dementia wife decided to sell 40 properties. Owner has 40000.00 bond on combined forty properties. He was a Bondsman. Taxes are owed for at least two years. I have done lots of work already on house. Have been waiting almost I year, no... View More

Richard Sternberg
Richard Sternberg
answered on May 6, 2018

It is not “unethical.” It is trespass. You don’t own the property until you have a closing and a deed. If it has taken a year since the auction to get there, you are crazy for doing work there. Indeed, you should not be doing work on someone else’s property, though I have known informed... View More

1 Answer | Asked in Intellectual Property and Real Estate Law for Virginia on
Q: I need to talk to someone about retrieving property?
Richard Sternberg
Richard Sternberg
answered on May 4, 2018

You'll have to give the lawyer much more detail than that, but it is probably best for you not to reveal facts that might be critical to your case in an open, Internet forum where nothing is covered by attorney-client privilege. Try visiting Avvo.com. Plug in "real estate" if the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: I have a PM who is managing eviction for me. However, I can't get any money out of deposit after eviction.

According to PM, they keep the late charge which I just realized now. According to the lease, tenant should pay all fees before rent. So PM claims that after eviction, he will deduct 3 month late charge(10% of rent) and 3 month management fee(8% of rent) out of deposit first. Then with all the... View More

F. Paul Maloof
F. Paul Maloof
answered on Apr 24, 2018

The terms of your agreement with your PM is contained in the agreement that you signed with the PM. If the PM is not following the terms of that agreement, then you have a claim against the PM for breach of contract. If you are displeased with the current PM, you may want to hire a new PM.

1 Answer | Asked in Real Estate Law for Virginia on
Q: My mother and I have both names on the deed. Am I able to remove my name out since I haven't contribute to the house?

When we both bought the house, we verbally agreed that my mom pick up the mortgage payment, and I pick up all the utilities, and other incidentals. I haven't contribute to the house for the past 7 months. What are my rights to remove my name of the deed?

Richard Sternberg
Richard Sternberg
answered on Apr 23, 2018

You and your mother can agree to re-deed the property to her only. But, you actually have many more rights than that as a property owner. Since that isn't your question, I'll skip those rights. If your mother won't agree to let you remove your name from the deed, you could ask her to... View More

1 Answer | Asked in Family Law and Real Estate Law for Virginia on
Q: My husband ( separated)had one of our delapitating homes demolished. Both our names on deed. I never signed anything.

I only knew what was going on from our adult children.

Richard Sternberg
Richard Sternberg
answered on Apr 23, 2018

It might be wise to seek a consult with an attorney experienced in real estate in your local area around Yorktown and get better control over your property. In some circumstances, owners of property can become individually liable for nuisances and waste as well as other liabilities emanating from... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Q: Can I terminate a lease if I already agreed (only verbally) to renew for 1 more year? What the prior notice should be?

This if for a Residential property in Virginia and the question pertains to the time period until (and before) a new lease is signed.

Steve Miyares
Steve Miyares
answered on Apr 19, 2018

The first thing you need to do is lool wt the terms of your leasebto see what it says about how you are supposed to give notice of terminating or renewing the lease. After you check that, if still have wuestions then you should consult with an attorney about the spcific facts and circumstances of... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Virginia on
Q: Mother passed away with no will. She was still married but legally separated. Should the house go to children or husband

Estate paperwork shows house given to children, courthouse put deed in husbands name.

Richard Sternberg
Richard Sternberg
answered on Apr 18, 2018

"[Virginia] Code § 64.2-200. Course of descents generally; right of Commonwealth if no other heir.

"A. The real estate of any decedent not effectively disposed of by will descends and passes by intestate succession in the following course:

"1. To the surviving spouse...
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1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Is it legal for realtor to "forget" to email my contract and allowing anther party to buy that house? Anything I can do?

Thanks

Timothy R Johnson
Timothy R Johnson
answered on Apr 18, 2018

It's doubtful you can sue the realtor successfully (and even if you could, probably not worth it to do so). But you should consider filing a Realtor Association complaint as it can affect their realtor accreditation and possibly even their state real estate license.

1 Answer | Asked in Real Estate Law for Virginia on
Q: I suppose to close on my house but the buyer ask for a extension. Now I don't want to sell. Can they sue me?

This will be the third extension I gave them.

Richard Sternberg
Richard Sternberg
answered on Apr 17, 2018

It depends on what the contract says. As one stand-out issue: Are you required to agree with the extension.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: In West Virginia how many days do you have after being evicted?
F. Paul Maloof
F. Paul Maloof
answered on Apr 16, 2018

I do not have a license to practice law in W. Virginia. Sorry.

1 Answer | Asked in Real Estate Law for Virginia on
Q: State of Virginia Signed a contract to purchase a house 4/14/2018 at 8:00 PM. Can I cancel that contract?
Richard Sternberg
Richard Sternberg
answered on Apr 15, 2018

It depends on what the contract says. You might start by reading the Default and the Earnest Money Deposit clauses. It’s important to understand the whole contract. Sometimes, it’s possible to negotiate out of these depending on the contract and the setting.

1 Answer | Asked in Real Estate Law for Virginia on
Q: I gave a easement to my sister for septic on my property no one lived for about ten yrs. does this go with new owner

the easement is on my deed

Richard Sternberg
Richard Sternberg
answered on Apr 8, 2018

The answer depends on the terms of the written easement. You should have it reviewed by a lawyer before you list the property and sell. If it is an unrecorded easement with potential claims for a proscriptive use, it must be revealed to the prospective buyers.

Reading an answer on the...
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1 Answer | Asked in Real Estate Law for Virginia on
Q: If two people own a property, do both owners have to consent to trespassing for it to be illegal?

My friend and his brother own land with two residences on it. Recently my friend found a bigger house and moved away, now his brother is claiming that the property is solely his, and anytime my family tries to visit he threatens to get a warrant for trespassing. Is this in any way legal?

Richard Sternberg
Richard Sternberg
answered on Apr 8, 2018

While further facts could change this, the brother’s remedy is in partition. As to your friend inviting you on to his co-owned property, you can get a letter from him, preferably with his notarized signature, inviting you to use his co-owned tenancy of the whole. Attach a copy of the deed... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Do I need to abide by the rules of a property management company not mentioned in my lease?

I currently rent a home and have for 7 years. The home was rented through a private owner. My current lease ends 6/30/2018 and I have given my notice to move out at that time. The owner of the home is elderly and his family hired a property management company (PMC) 2 months ago. There is an Agent... View More

F. Paul Maloof
F. Paul Maloof
answered on Apr 5, 2018

I would need to read your lease to give a precise response. In Virginia generally, the lease contains a clause that states: "Tenant shall not use nor allow the Premises to be used for any disorderly or unlawful purposes and shall comply with all applicable laws, ordinances, and rules and... View More

2 Answers | Asked in Contracts and Real Estate Law for Virginia on
Q: I put a building lot under contract with multiple owners in Virginia.

They, thru their agent, were very hard to negotiate w/ from the outset--always moving the bar right before we were to get under contract. Finally, we agreed on terms. Sensing they may be difficult Sellers (they had refused to extend 2 previous purchasers by even 1 day on the Study Period) I... View More

Timothy R Johnson
Timothy R Johnson
answered on Apr 3, 2018

This is certainly a situation where you will need to consult with a real estate litigation attorney about what happened. The communications, their timings, and the purchase agreement all need to be closely reviewed to assess what your rights are, and whether you can obtain a "specific... View More

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