COVID-19 Virginia Q&A by Practice Area

  • Admiralty / Maritime
  • Adoption
  • Agricultural Law
  • Animal / Dog Law
  • Antitrust
  • Appeals / Appellate Law
  • Arbitration / Mediation Law
  • Banking
  • Business Formation
  • Business Law
  • Cannabis & Marijuana Law
  • Car Accidents
  • Child Custody
  • Child Support
  • Civil Litigation
  • Civil Rights
  • Collections
  • Communications Law
  • Constitutional Law
  • Construction Law
  • Domestic Violence
  • Education Law
  • Elder Law
  • Election Law
  • Employment Discrimination
  • Energy, Oil and Gas
  • Entertainment / Sports
  • Environmental
  • Federal Crimes
  • Gaming
  • Gov & Administrative Law
  • Government Contracts
  • Health Care Law
  • Identity Theft
  • Insurance Bad Faith
  • Insurance Defense
  • Intellectual Property
  • International Law
  • Internet Law
  • Juvenile Law
  • Land Use & Zoning
  • Landlord - Tenant
  • Legal Malpractice
  • Lemon Law
  • Libel & Slander
  • Medical Malpractice
  • Mergers & Acquisitions
  • Military Law
  • Municipal Law
  • Native American Law
  • Nursing Home Abuse
  • Patents (Intellectual Property)
  • Probate
  • Public Benefits
  • Securities Law
  • Sexual Harassment
  • Small Claims
  • Social Security
  • Stockbroker Fraud
  • Trademark
  • Uncategorized
  • White Collar Crime
  • Wrongful Death

Show More Practice Areas »

Lawyers, Answer Questions  & Get Points Log In
COVID-19 Virginia Questions & Answers
3 Answers | Asked in Products Liability, Real Estate Law and Landlord - Tenant for Virginia on
Q: I bought a place, rented it for a few months, lease is up, she is late but won't go. I need to move in my place

I bought a place but was renting and couldn't get out of my lease so rented for a few months with a lease. I had her lease end when my lease is up so i could move into the place i bought.

She won't leave and is always late with rent, What can i do? I have no where to live as... Read more »

Elizabeth Crego
Elizabeth Crego answered on Jan 27, 2021

I think there are some details that need to be considered before determining what you can do. You said your lease is up, but it's unclear as to whether the lease for the property you own is up. If it is not, you will have to wait until the end of the lease period unless she fails to pay rent... Read more »

View More Answers

3 Answers | Asked in Landlord - Tenant for Virginia on
Q: I gave 45 days notice to terminate a month to month lease so I can move back in. Is tenant protected under moratorium?

The month-to-month lease they signed states I must give at least 30 days notice - i gave 45. I need to move back into my house. Tenant now (30 days after notification) states they are protected under Federal COVID eviction moratorium and will not leave. Is this true? They are willing to pay another... Read more »

Ross Cameron Hart
Ross Cameron Hart answered on Jan 18, 2021

My understanding is that the moratorium is only for non-payment of rent. Any other reason (not money) for termination of a lease is still valid. I suggest you contact an experienced landlord tenant lawyer in that area for advice.

View More Answers

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Tenant has given notice to vacate the property but not allowing anyone to come to see the house due to covid.

Tenant has given notice to vacate the property but not allowing anyone to come to see the house due to covid. Not even Allowing to video tour. Is there something I can do? I have a standard Virginia realtor agreement.

Thanks

F. Paul Maloof
F. Paul Maloof answered on Jan 16, 2021

The standard NVRA lease form gives the landlord authorization to access the premises after giving the tenant written notice. If you gave the proper notice and the tenant is refusing to give you access to the premises to show the premises to possible future tenants, the tenant has breached the lease... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My daughter put a security deposit down on a home for rent. They told her it was hers, and pulled all the "For Sale"

signs from the yard. They were set to move in on the 1st. They called and said they sold the house anyway. She has two weeks now till her current lease is up and nowhere to go. They didn't sign any papers for the lease yet. Is there anything that can be done other than just getting her deposit... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 17, 2020

Given the facts your reported, it sounds like your daughter had an "oral" agreement, but it was not reduced to a written and memorialized contract, to assure her rights to the rental. She certainly has a right to the return of the security deposit from the owner. She could bring a... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: I have a tenant who is late on rent the last few months. I have given her time considering COVID situation. Options?

I have given her time as its pandemic situation. But she has not been responding to my texts or calls. I have asked her multiple times about rent but she is not responding and refusing to meet me or let me into the Property.

What are my options as a landlord?

Elizabeth Crego
Elizabeth Crego answered on Nov 17, 2020

You can proceed with giving her a 5 day pay or vacate notice, and then filing an Unlawful Detainer in court five days after she receives that notice. The Unlawful Detainer, if granted by a judge, gives you the right to file a Writ for Eviction, which is what the sheriff uses to evict her. There are... Read more »

1 Answer | Asked in Animal / Dog Law for Virginia on
Q: The county is saying my dog is a dangerous dog with no proof. Allegedly attacked another dog with no proof. No blood.

We had court on Jun 24 2020 and we were turned away because we didn’t meet the criteria to enter the building due to Covid. The deputy told me to call the clerk and and it was to late to even call because the judge declared my dog dangerous. I need a lawyer my dog hasn’t hurt a fly? The dog is... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Oct 2, 2020

Unfortunately unless you already noted your appeal, your options are going to be severely limited. I would get an attorney ASAP who can advise you if you can have a motion to rehear on the case, if you haven't appealed. Someone locally should be able to better advise you of a potential... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My landlord is evicting me because I cannot afford rent due to covid-19, am I covered under Trump's new law.

I cleaned homes for a living and and unable to work because of the virus and not being able to go into people's homes for my safety and my family safety my landlord is trying to evict me due to not being able to pay and he has also denied taking rental assistance from step Incorporated. I have... Read more »

Steven Krieger
Steven Krieger answered on Sep 9, 2020

The landlord will be able to take you to court and get a judgment for possession and unpaid rent against you, but the landlord will not be able to get the final step complete (the actual lock-change/removal) while the judicial emergency exists, which was recently extended to October 11 (and could... Read more »

View More Answers

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can my landlord non-renew my lease and evict my family during COVID? I am on the housing choice voucher and pay on time

I am in Virginia and unemployed but I pay my portion of rent on time with my unemployment and the Federal Housing Choice Voucher pays . The landlord is listing the house for sell and the Realtor said she will conduct open houses and have buyers come into the house whenever they want. I am high... Read more »

Steven Krieger
Steven Krieger answered on Sep 6, 2020

You probably will not be able to prevent an eviction, but you can slow down the process and you're not required to allow access whenever the landlord or their agent wants to show the property to prospective buyers. All that being said, the moratorium is only for non-payment of rent evictions... Read more »

View More Answers

2 Answers | Asked in Divorce for Virginia on
Q: What is the best and affordable way to execute my divorce?

I wanted to file for Uncontested Divorce. I'm in the military based here in VA. Been living here since JAN2019. I'm married to my wife MAR2016. We are physically separated since DEC2018. My wife is living outside the country (Dubai,UAE). We don't have properties or debts even kids... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Aug 27, 2020

"If a member of the Armed Forces of the United States has been stationed or resided in the Commonwealth and has lived for a period of six months or more in the Commonwealth next preceding the filing of the suit, then such person shall be presumed to be domiciled in and to have been a bona fide... Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Landlord - Tenant for Virginia on
Q: How does one "erase" the filing of a UD petition that is later non-suited without judgment?

This will be an issue for many "first time civil defendants" who are filed upon by landlords for UD during the COVID period. There is legislation that enables relief in 2022, but that will be too late for many.

F. Paul Maloof
F. Paul Maloof answered on Jul 18, 2020

The general procedure to accomplish your goal is to file a Motion to Vacate the Judgment, however, a non-suit means that the plaintiff withdrew the case and claims so there is no judgment to vacate. The original case's information cannot be "erased" as you described it. These are... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord evict with reservation twice?

I had an eviction in March, paid it before the court date, the landlord said it was an "eviction with reservations", never gave me paperwork. I found out because I fell behind due to the pandemic, he then file the eviction. He went completely through with the eviction, I paid that in full... Read more »

Steven Krieger
Steven Krieger answered on Jul 14, 2020

If you were fully caught up, there is no "reservations." You fully redeemed the property, but if you fall behind again, then the landlord could issue you a new default notice and file for eviction. If you decide to hire an attorney to help, I'm sure anyone would responds would be... Read more »

View More Answers

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Do i have to allow my manager in my apartment during covid pandemic?
Elizabeth Crego
Elizabeth Crego answered on Jul 14, 2020

You are required to give your landlord (or the landlord's representative in this case) access to the property, immediately if it is an emergency, or with reasonable notice if it is not an emergency. It is also reasonable to require that the manager be wearing a mask and be physically distanced... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord contact all hours of the day or night through phone calls and text messages?

I have a landlord that has threatened to evict me throughout this "pandemic". I have paid rent every month except June, he has called me, text me, at any and all hours of the night/morning even after filing for eviction.

F. Paul Maloof
F. Paul Maloof answered on Jul 12, 2020

As of June 24, 2020, the prohibition on evictions in Virginia was lifted. Your residential lease should have a provision for how often and by what means the landlord can contact you. If there is no provisions, the Code of Virginia does not provide one. In any event, you should send the landlord a... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Is it allowed for the landlord to increase a month-to-month rent during corona in VA? I heard rent increases are on hold
F. Paul Maloof
F. Paul Maloof answered on Jun 12, 2020

The Supreme Court of Virginia has suspended all new eviction cases in the Commonwealth of Virginia for tenants unable to pay rent as a result of COVID-19 through April 6. and then the eviction moratorium has been extended through June 28. I saw no order by the Governor that placed a freeze on... Read more »

View More Answers

1 Answer | Asked in Civil Litigation and Collections for Virginia on
Q: In VA does a creditor simply fill out a form to extend a judgement or must it go to court? Will the debtor be notified?

Will I be notified and given a chance to go to court for the renewal (extension) or just notified afterward (or not)?

Will the coronavirus and court closures affect the statute of limitations? I'm almost certain it expired at the end of April.

If so, details will be appreciated.

F. Paul Maloof
F. Paul Maloof answered on May 30, 2020

If the judgment was recorded in a circuit court in Virginia, as the 20 year period for the first period of the judgment approaches, you must file with the same circuit court a Motion to Renew the Judgment. If the Motion is granted, it will extend the judgment for anther 10 years. The debtor's... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: If our landlord is taking a long time to repair the air conditioning, do we have any legal recourse?

We have been without AC for 2 weeks, and have a toddler and 70 lb dog living in the home. Due to the current situation in the outside world, we can't really go anywhere to escape the heat during the day. It is 84 degrees in all the bedrooms. The landlord told us that we could break lease... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 29, 2020

AC is a necessity in a residential lease. The Landlord has a legal obligation to make sure the AC is working. If the AC is not working in hot weather, you should call the Office of Housing Code Enforcement for the county/city where the premises is located and make a formal complaint. An Inspector... Read more »

2 Answers | Asked in Estate Planning and Probate for Virginia on
Q: Who pays utilities bills?I'm delayed for qualification of Executor due to Covid.Courts not open. I'm beneficiary of home

I am the executor. But I have to wait to be qualified. Courts have been closed since March. Everything is delayed due to Supreme Court ruling in Virginia. My parent passed in early May. Bills need to be payed. I am willing to pay from my own money to keep power, water etc going as I already lived... Read more »

Richard Sternberg
Richard Sternberg answered on May 21, 2020

I'm not sure that you have any duties until the Court appoints you as Executor or Administrator, but it would seem to be in your interest to pay the bills to keep the utilities turned on. In many places, utility companies have either voluntarily or by state orders indicated that they will not... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Support for Virginia on
Q: My stepson is 18 and due to COVID, he graduated from high school on May 1st.

Does my husband need to go to Court to get the child support terminated? Or can he just stop paying it?

Michael Christopher Miller
Michael Christopher Miller answered on May 4, 2020

The best practice would be to submit an agreed order to the court noting that both parties agree that the support obligation has expired.

However, given the times and the court closures, simply stopping payment could work as well.

The issue is that the other side, if they are...
Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Virginia on
Q: buyer for my home, buying a condo, lender called my loan suspended due to covid, can buyers sue me if I can't move

I have a buyer for my home, Due to no fault of my own I cannot purchase my condo because of covid and lenders put halt on funds. This sale is contingent on the successful sale, close and disbursement of funds for the property. I don't know what my rights are?

Richard Sternberg
Richard Sternberg answered on Apr 18, 2020

This is a unique and unanticipated situation, and we are all struggling to determine the legal effects. The answer starts with reading your contract. There are no precedents that say: "If your sale is halted by Covid-19, the result is always ABC regardless of what your contract says."... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I rent a horse barn for running my horse business. My landlord will not allow me to conduct my business b/c of COVID-19

I wrote the VA Governor's office to see what guidelines for running my business, where they said I am able as long as I follow guidelines. Also, our County Sheriff informed us we are not in violation.

Is the landlord able to legally shut down my business

F. Paul Maloof
F. Paul Maloof answered on Apr 7, 2020

There is nothing in the Virginia Code that addresses your factual situation. Your commercial lease may have terms and conditions that address the rights of the landlord and the tenant in your factual situation. if you cannot resolve the matter with the landlord, you will have to seek a decision by... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.