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COVID-19 Virginia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Virginia on
Q: I'm thinking of buying the property that I currently rent. It us a multi family unit w/ month to month lease.

I would like to remodel it into a single family home. Am I allowed to terminate the lease of the 2nd family after my loan is approved? Since it is an FHA 203k loan what are my options during the COVID-19 pandemic?

Richard Sternberg
Richard Sternberg answered on Apr 11, 2021

The lease is a binding contract. You need to review that lease carefully for its termination provisions, and then you need to check both state and local landlord-tenant law about tenant rights. There are three specific areas to research: 1) whether the tenant has a right to holdover, which often... Read more »

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 »

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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 »

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 »

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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 »

3 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Q: Dear Esq: my daughter had to leave her off campus apartment after COVID19 cancelled everything. She and

her three roomates have paid their rent each month but now the apartment is empty (3 roomates also left -entire town is deserted). I have recently read about the 'force majeure'. With all the death going on everywhere and in that town as well, is this such an event? The students are... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 1, 2020

The legal definition of "force majeure" is an unforeseeable circumstances that prevents someone from fulfilling a contract. Generally, a pandemic is not an unforeseeable circumstance since they have occurred many times in the past. Unless the residential lease provides that a pandemic is... Read more »

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