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Virginia Questions & Answers
1 Answer | Asked in Real Estate Law for Virginia on
Q: what does the case means?

I do not understand the case. I have read it plenty of times. Please explain

Richard Sternberg
Richard Sternberg answered on Sep 5, 2021

Your question makes no sense: What case? In any event, this is what lawyers train to do. Retain one for a consult to review the case. An hour consult is not as daunting as a full retainer for litigation. Understand the decisions you are trying to make.

1 Answer | Asked in Civil Litigation for Virginia on
Q: Someone pretended to be a state official and obtain my information for another individual. Is that legal?
F. Paul Maloof
F. Paul Maloof answered on Sep 3, 2021

You should report it to the police/FBI.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What steps do I need to take as a tenant if my apt complex is adding fees to lease that isn't in my original lease .

Basically my apt complex is under new management . New workers in there have gone back previous months and has added fees that I owe a water bill , washer and dryer fees , pest control fees . My lease clearly states water is included in my rent but the washer and dryer isn't stated in my lease... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 3, 2021

You first step is to write the landlord/management company a written letter that details your position and references the provisions of the lease that you claim absolves you from those fees/charges. Give them a deadline to respond. If they do not resolve the matter with you, your next step is to... Read more »

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Can You sue a medical office for long lasting painful side effects following an unrelated procedure?

Since December My Mother's arm has been unnable to function since She went in for an unrelated procedure and had Her veins forced open over and over again for hours because he brings were small and possibly dehydrated. Instead of rescheduling they tried to force Her veins open which was... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 2, 2021

A Virginia attorney could advise best, but your post remains open for two weeks. It would be difficult for any attorney to answer your question. It calls for a medical opinion. You could reach out to med mal attorneys in the Norfolk area. If they felt that your mother might have the basis for a... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Estate Planning and Personal Injury for Virginia on
Q: If a witness in a case has a criminal record, how does that impact their credibility if they are asked to testify?
James H. Wilson Jr.
James H. Wilson Jr. answered on Aug 31, 2021

A witness may be asked about felony convictions and misdemeanors involving moral turpitude - lying, cheating and stealing. These types of crimes reflect on the credibility of the witness.

1 Answer | Asked in Contracts and Entertainment / Sports for Virginia on
Q: I recently got a record deal for distribution through universal just wondering if someone could look over it for me
Steven Krieger
Steven Krieger answered on Aug 28, 2021

Sure. If you email it to me, I can take a quick look to give you a quote to review in full.

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: I signed my lease renewal and my leasing manager voided the document after I submitted it. What are my options?

I was sent my lease renewal documentation the week before my current lease's end (Sept 2nd). I signed the Docusign and submitted it electronically on the 25th. The next day, I received an email notice saying that the document was voided by my leasing manager due to "incorrect rental... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 28, 2021

If both the landlord and the tenant signed the lease renewal, it is a binding contract by which both parties to the lease must abide.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Virginia on
Q: My Mother in law willed her home to all 6 of her children. Her eldest son died having only a wife no children. His wife

Just died in the middle of the sale of the home. My mother in laws will states that if any of her children that do not have children their part goes back to the other children. Can my sister in law will her part of inherited land that was willed to her husband from his mother to her sister or does... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 27, 2021

The exact timing matters and the exact wording of the will matters too. There is not enough information here to answer your question. You should schedule a consultation with a probate attorney.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: In Virginia, can a landlord file an unlawful detainer in another county other than where property is located?

Landlord lives in a different county from where rental property is located.

F. Paul Maloof
F. Paul Maloof answered on Aug 27, 2021

In Virginia, the jurisdiction over the rental property lies in the city/county in which the property is located according to the Code of Virginia.

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for Virginia on
Q: How to vacate a judgement in circuit court in Virginia as I was not served
Steven Krieger
Steven Krieger answered on Aug 25, 2021

You'd need to tile a motion to vacate for lack of service and explain why the alleged service was insufficient. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Can a church open a brewery to raise funds to purchase land?

Greetings. We are trying to start a church and at present do not have enough funds to purchase land/property on which to worship. Are we able to open and operate a brewery for the purpose of raising these funds (and later supporting ourselves, to help alleviate the burden of donating from... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 24, 2021

hehe, Let me see if I get this. You want to open a tax-exempt Church of the Boozin' Bro's so you and the assembled spiritual can brew beer the way God intended it: tax-free. And, even though the Whiskey Rebellion started off this great nation right here in good ol' Virginny,... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: was there a new reform on probation violations in virginia?
Brian M. Latuga
Brian M. Latuga answered on Aug 24, 2021

Yes.

1 Answer | Asked in Real Estate Law for Virginia on
Q: My sister is trying to sell her houses in PR. She hasn't stay in the house for almost 10 years and the houses was empty.

What are the % that she has to paid in taxes? They are asking 12 to 15% that sound a little bit too much to me. Apparently they asking this much because the house was empty and she never rented out.

Richard Sternberg
Richard Sternberg answered on Aug 23, 2021

You need to consult with a real estate lawyer in PR. They will know or be able to check the tax rates and the exceptions. Asking in another state is a waste of time.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: In Virginia, when must I vacate when my landlord sells my rental, and how much notice are they required to give?

In an "Additional Terms and Conditions" clause, my "Short Term Rental Agreement" (lease) states "if the property is sold this rental agreement will be cancelled and your payment(s) will be returned." What does cancelled mean here? Does that mean I must vacate on the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 22, 2021

As you reported, the lease's clause uses the word "sold" which would imply that on or shortly before the date of the "closing" the rental agreement will be cancelled and thus the lease will be terminated. Based on the type of lease, which is a short term lease, there... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My tenants lease expired last year in Virginia, so now month to month. I wish to sell the house and have given her a 45

Day vacate notice so I can renovate to eventually sell. Is this legal with current COVID guidelines?

Steven Krieger
Steven Krieger answered on Aug 21, 2021

Selling is not a basis to evict, but the expiration of the lease is a valid basis to evict in VA. If you decide to hire a lawyer to assist with the eviction, I'm sure anyone who responds would be happy to help. Good luck.

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1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: After rental assistance payment is made to apartment complex, can they still refuse to renew month to month lease?
F. Paul Maloof
F. Paul Maloof answered on Aug 20, 2021

In Virginia, the landlord can terminate the month-to-month lease by giving a 30 day written notice to the tenant/occupants. The acceptance of rent applies only when the landlord has given the tenant a notice to pay or quit for a failure to pay rent and then the acceptance of the rent must be... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Refuse to renew lease - seeking help for family member who is on a month to month lease

due to COVID, rental complex will be receiving rental assistance payment but gave notice 8/17 that lease will not be renewed and they must vacate as of 9/5th

F. Paul Maloof
F. Paul Maloof answered on Aug 20, 2021

In Virginia, the landlord or the tenant has the right to terminate a month-to-month lease by giving the other party a 30 day written notice.

1 Answer | Asked in Consumer Law, Criminal Law and Personal Injury for Virginia on
Q: Can I sue an establishment as a customer for mental and medical distress from an employee? I contacted 7 eleven already

I was a truck driver. I went into the 7 eleven due to a stomach ache for some Tylenol. I didn't see it so I decided to use the bathroom instead. There was an item in front of the door but no do not use sign or out of order sign. Like 5 minutes after I sat down a big loud man Congress banging... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 19, 2021

A lot depends on what the person did, was it on video, etc. Certainly, there is no excuse for chasing someone out of a stall. However in most states emotional distress cases are difficult. You should consult with a member of the Virginia Trial Lawyers Association for the county where it happened.... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: Title company never told us about ROW's found during their search. Can we sue after we have closed on the property?

We purchased land in VA in Feb 2021. We chose a closing company and they did a title search. They told us that everything looked good and that we could close on the property. (to me that means that nothing was wrong with the property). After we started construction, one of the neighbors informed... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 19, 2021

First, if you closed with a title company instead of a lawyer representing you, you may lack privity with the title agent. The agent represents the insurance company not you, and I’m unaware of a concept of malpractice for agents. The agent has duties to all sides to complete the transaction... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: The law is “innocent until proven guilty” if there is no evidence except “he say she say” could it hold up in court?

Between a 4 year olds words & an of age man words, court the judge convict the of age man with no evidence?

Daniel P Leavitt
Daniel P Leavitt answered on Aug 18, 2021

The court cannot find anyone guilty with no evidence. However any testimony, including a 4yo, is in fact evidence and they of course can find you guilty of there's enough evidence.

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