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Sammid J Mansoor

Sammid Mansoor’s Answers

51 total


  • Can a landlord collect "double rent"?

    I moved out of my apartment March 12. The original lease end date was May 31. Per the terms of the contract I had to pay pro-rated March rent, April and May to break the lease. If the landlord finds a new tennant say May 1, are they required by...

    Sammid’s Answer

    The answers provided above are correct, depending on the terms of your lease, you landlord most likely will not have to refund the "overlapping" rent, and here is further explanation:

    A lease for property is a contract for a tenancy in real estate.

    A contract is an agreement between the parties that determines the rights and obligations of each party. Many times the contract will spell out the remedies available to the other party if one party breaches the contract, these are known as liquidated damages.

    Liquidated damages are the damage amount predetermined by the parties during the formation of a contract for the injured party to collect as compensation upon a specific breach.

    Liquidated damages must meet 2 criteria in order to be enforceable: the amount must be roughly approximate to the liklely damages and the actual damages must be sufficiently uncertain at formation so that such a clause will likely save both parties the future difficulty of estimating damages.

    Likely In your situation, and because this is typical in most residential leases, there is a liquidated damages clause. The clause likely reads that in the event that the tenant breaches the lease (moves out early) the landlord may recover from the tenant the remaining amount owed under the lease. Meaning through May 31.

    You indicated that you moved out March 12, assuming that you did not give notice before moving out (because you did not indicate notice was given) you would be liable for rent through April 2012 anyways - this is calculated by 30 days from the date of notice (March 12 - April 12) until the end of the next calculated period (end of april 2012). The liquidated damages here would then only be 1 month's rent.

    As most Real Estate Agents charge approximately 1 month's rent as commission to find a new tenant, it would be reasonable to expect that the damages to the landlord were these additional costs. also that the landlord would be out the rent for the period that the property was vacant. So the first prong of the liquidated damages requirement is met, as the damages are roughly equivalent to the landlord's damages.

    For the second prong, at formation it is uncertain how much the damages will be, because it is unknown when the breach will occur, and how many months it would take to find a new tenant.

    So once again it would be likely that the landlord would be able to keep the amount paid as valid liquidated damages.

    Good Luck and if you need further information, feel free to contact me.

    Sam Mansoor, Attorney
    Mansoor Law Firm, PLLC
    50 Catoctin Circle NE #301
    Leesburg, VA 20176
    (703) 404-7733

    Disclaimer
    The hiring of a lawyer is an important decision & should not be based solely upon advertisements. This site presents general information & is not intended as legal advice. Accessing this page, & any interior pages, is a request for information. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services & runs a conflict check & you have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Virginia Attorney or an Attorney in your area that knows the relevant facts of your case. www.loudounlawyer.com & www.theprincewilliamlawyer.com
    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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  • Bought a car, had it for 3 weeks, lender wants to back out because I hav'nt filed last 2 years of taxes. Can they switch /

    Have had this car for 3 weeks and received a call yesterday from the salesman saying since I hav'nt filed this year or last years taxes the lender will not back the loan. The dealer will but it may be higher payments. I have a contract, have made ...

    Sammid’s Answer

    The advice above regarding you taxes is accurate.

    With regards to the purchase and financing of the car:

    Obtain your own financing,(your bank or credit union, most likely wont be a strict with the document requirements if you have a good relationship with them) pay cash or Work WITH the dealer, provide them everything they need to get you acceptable terms. Do NOT delay or go in with an attitude, you are in the wrong here, THEY are the Victim.

    Explantion:

    1. If you look through your paperwork, it probably says that this is a convenience delivery agreement, and that the transaction is contingent upon financing.

    2. The dealer quoted you financing based on what you presented to them as your financial condition, one of the boxws on the application probably also stated that you are current with your and have filed your taxes.

    3.Then then likely received a stipulated approval which reuired you to submit proff of income, by way of your tax return.

    4. When you were unable to provide the tax returns, they lost the approval, and now have propsed alternative financing. If you dont like it you likely dont have to take it.

    5. The convenience delivery agreement most likely has a security interest retained by the dealer, and the right to reposses.

    So your bargaining power is low, because of your financial condition.

    If you don't want their new financing terms, TAKE THE CAR BACK NOW! Wash it and make it perfect before you give it back. The convenience agreement probably allows them to keep your deposit if the vehicle is damaged, may even have a mileage penalty. And Get a release from the dealer BEFORE you leave.

    I represent car dealers, they always call me with this same scenario, and where the buyer either won't bring the car or has damaged the vehicle. What you have to be worried about is what you represented to the dealer on your financing application, if it is misled them, and they get upset, they have rights that they can pursue against you. This could have even more serious consequences to your financial position.

    Good Luck and if you need further information, feel free to contact me.

    Sam Mansoor, Attorney
    Mansoor Law Firm, PLLC
    50 Catoctin Circle NE #301
    Leesburg, VA 20176
    (703) 404-7733

    Disclaimer
    The hiring of a lawyer is an important decision & should not be based solely upon advertisements. This site presents general information & is not intended as legal advice. Accessing this page, & any interior pages, is a request for information. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services & runs a conflict check & you have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Virginia Attorney or an Attorney in your area that knows the relevant facts of your case. www.loudounlawyer.com & www.theprincewilliamlawyer.com
    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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  • Certified Mail for delivery of 5 day eviction notice not picked up

    My tenants did not pay the rent this month so I sent them a 5 day notice to pay or quit. I sent it via certified mail, but I did not ask for return receipt. The tracking information shows that that a notice was left, but its not picked up yet. How...

    Sammid’s Answer

    The issue is whether or not the tenant has received service of the 5 day notice. The facts as presented by you are that the notice was dispatched, but you do not have any proof that the tenant received the notice. When the court requires proof, you will not be able to provide it, and your action can be dismissed, and you will have to start over.

    With regards to delivering it personally, this is not recommended; typically the sheriff department has a civil enforcement division which can serve the notice for you.

    Good Luck and if you need further information, feel free to contact me.

    Sam Mansoor, Attorney
    Mansoor Law Firm, PLLC
    50 Catoctin Circle NE #301
    Leesburg, VA 20176
    (703) 404-7733

    Disclaimer: the hiring of a lawyer is an important decision & should not be based solely upon advertisements. This site presents general information & is not intended as legal advice. Accessing this page, & any interior pages, is a request for information. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services & runs a conflict check & you have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Virginia Attorney or an Attorney in your area that knows the relevant facts of your case. www.loudounlawyer.com & www.theprincewilliamlawyer.com

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  • Virginia bpol

    My local supplier pays for his business license on his gross receipts. I when I pay for these parts from the local supplier who has already paid his share of these fees. Why do I have to pay for my business license on my gross receipts and not my ...

    Sammid’s Answer

    The Business license tax is a local tax by your jurisdiction. The legislature in thise jurisdictions have been granted the authority to determine how much tax, how it must be calculated, and how it is collected.

    The reason that you are required to pay the tax on the gross receipts you collect is because the legislature, who is a body that was elected by the people of your jurisdiction, has decided that this is how they want to calculate the tax.

    The best way to change this is to elect a legislature which agrees with your point of view.

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  • If my landlord didnt use the right last name on lease is it legal

    my landlord has different name from my lease is it legal also are they allowed to come to your house at 5:54 am to your house

    Sammid’s Answer

    I agree with the advice given to you by the other attorney with regards to the Landlord’s name.
    With regard to whether the landlord can enter your property at such an early hour, it would have to be under very strict and special circumstances; otherwise he would be in violation of the lease’s “covenant of quiet enjoyment”

    Covenant of Quiet Enjoyment

    Typically this is a promise, that you have the right to use the property without interference from the landlord. This promise is typically spelled out in your lease, however if it is not expressly written, it is always implied in every lease.

    If you are having problems with your landlord, you should consult with an attorney to explain your rights under the lease. After that consultation, you will be able to decide in what direction you wish to go.

    Good Luck and if you need further information, feel free to contact me.

    Sam Mansoor, Attorney
    Mansoor Law Firm, PLLC
    50 Catoctin Circle NE #301
    Leesburg, VA 20176
    (703) 404-7733

    Disclaimer: the hiring of a lawyer is an important decision & should not be based solely upon advertisements. This site presents general information & is not intended as legal advice. Accessing this page, & any interior pages, is a request for information. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services & runs a conflict check & you have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Virginia Attorney or an Attorney in your area that knows the relevant facts of your case. www.loudounlawyer.com & www.theprincewilliamlawyer.com

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  • Foreclosure attorney costs

    how much does the monthly foreclosure/underwater attorney costs per month? I live in Locust Grove, VA. I bought my house in 2005 for $400,000 and it's now worth $230,000. I got a quote from a lawyer of $700/month. I already miss 2 straight mon...

    Sammid’s Answer

    This is a complicated question, because there is a great deal of work involved in resolving these issues. Depending on the lender, the quote you received could be a bargain or extremely high.

    You need to first decide what is your desired outcome. Are you looking for a temporary payment reduction, a permanent payment reduction, a repayment plan for the payments you missed or a reduction in the amount owed. Depending on what you are trying to achieve, you may be throwing good money after bad.

    You must be realistic, if you want to have the bank to unilaterally reduce the loan balance, you are probably wasting your money, because these instances are very rare.

    Qualifying for a loan modification is difficult; it is very time consuming and requires full disclosure to your attorney. Think of it as trying to qualify for a mortgage, complicated by the fact that you now have bad credit. The banks are hesitant to grant these modifications and have created several steps for you to complete.

    Our succesful clients have demonstrated a willingness to cooperate with the banks, demonstrated the ability to make the payments, and timely responded to each and every request.

    This is a long difficult road you are about to go down. The process will seem never ending, and often not end as you desired. You need to plan and save for the alternative and I would be hesitant to work with anyone that told you any different.

    Good Luck and if you need further information, feel free to contact me.

    Sam Mansoor, Attorney
    Mansoor Law Firm, PLLC
    50 Catoctin Circle NE #301
    Leesburg, VA 20176
    (703) 404-7733

    Disclaimer
    The hiring of a lawyer is an important decision & should not be based solely upon advertisements. This site presents general information & is not intended as legal advice. Accessing this page, & any interior pages, is a request for information. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services & runs a conflict check & you have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Virginia Attorney or an Attorney in your area that knows the relevant facts of your case. www.loudounlawyer.com & www.theprincewilliamlawyer.com

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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  • Do I have to give a person a 30 day notice to move out if they lived with me for 2 weeks?

    My sister won't move out and she's only been here for 2 weeks

    Sammid’s Answer

    If this person was not just a guest and was actually a tenant, It will depend on whether you have a defined agreement. And If there is no defined agreement, the courts will look to create a tenancy period. The amount of notice will depend on what tenanacy term is ultimately decided.

    In most jurisdictions, this creates a periodic tenancy. A periodic tenancy is one which extends from period to period until the landlord or tenant give proper notice of termination. For example "month-to-month". Courts can look to the agreement of the parties, rental payments, or operation of law as a determination as to what defines the period. Once the renatl period is determined the "notice requirement" can also be determined, which is typically the equivalent of 1 rental period. Some jurisdictions will also cap the notice depending on the nature of the tenancy to 1 month.

    Good Luck and if you need further information, feel free to contact me.

    Sam Mansoor, Attorney
    Mansoor Law Firm, PLLC
    50 Catoctin Circle NE #301
    Leesburg, VA 20176
    (703) 404-7733

    Disclaimer
    The hiring of a lawyer is an important decision & should not be based solely upon advertisements. This site presents general information & is not intended as legal advice. Accessing this page, & any interior pages, is a request for information. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services & runs a conflict check & you have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Virginia Attorney or an Attorney in your area that knows the relevant facts of your case. www.loudounlawyer.com & www.theprincewilliamlawyer.com

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  • Do I have to give a 60 day notice while renting month to month if there is no lease?

    I was renting a place in Salem Virginia and had been living there for about 3 years. We did not sign another lease after the first year. The landlord said it would go month to month after the end of the 12 month lease. We found a bigger place afte...

    Sammid’s Answer

    Most likely not. You would most likely be liable from 30 days from the date of notice and to the end of the month that the 30 days expired. For example if you gave notice February 14, you would be liable to March 31.
    Explanation:
    First of all, if your lease is valid, it will likely control. The lease is a contract presumably formed by two competent parties. It outlines the agreement between the parties; therefore Judges are hesitant to set aside what is spelled out in the document. So look first to the lease for guidance.
    You have indicated that your original lease was for one year, this is what is known as a “Tenancy for Years” it creates a tenancy with a beginning and an end fixed from the onset. When your original lease ended, you became what is known as a “tenant at sufferance” or a “holdover tenant”. When you became a hold over tenant, the landlord had a couple of options. 1. Have you removed; 2. Elect to hold you to another term.
    The question now becomes, how long is the new term? In most jurisdictions, the new term will create a new tenancy known as a “periodic tenancy”, which is one that continues for succeeding periods until the landlord or tenant “gives notice” of termination. Traditionally, it is the length of the original term, with a maximum of 1 year. However in residential tenancies, Courts tend to favor creating a month-to-month periodic tenancy. In this scenario, you would be required to give “1 month notice” to terminate.
    Just be forewarned, your lease may contain language which indicates that in the event that the tenancy is extended, it creates a month to month tenancy, and have conflicting language which indicates that all the original lease terms remain intact. If that is the case and the lease indicates that “60 days notice” is required, he may have an argument to take you to court.
    I would argue that the terms are in conflict, meaning how is can it be month to month, but require two months notice? But you will have to defend this, which means attorney’s fees, costs, and a likely judgment in some amount, which could affect your credit.
    Best bet is to contact an attorney, have a finely crafted settlement letter and release.
    Good Luck and if you need further information, feel free to contact me.

    Sam Mansoor, Attorney
    Mansoor Law Firm, PLLC
    50 Catoctin Circle NE #301
    Leesburg, VA 20176
    (703) 404-7733

    Disclaimer
    The hiring of a lawyer is an important decision & should not be based solely upon advertisements. This site presents general information & is not intended as legal advice. Accessing this page, & any interior pages, is a request for information. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services & runs a conflict check & you have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Virginia Attorney or an Attorney in your area that knows the relevant facts of your case. www.loudounlawyer.com & www.theprincewilliamlawyer.com

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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  • Will my bad credit affect my girlfriends credit if we get married?

    I have been with my Girlfriend for almost 3 years and I really want to ask her to marry me but got a divorce not to long ago and my credit is destroyed. Her credit is good and I don't want to marry her right now if my credit is going to mess hers ...

    Sammid’s Answer

    Typically individual credit issues will remain with the individual. Exceptions to this include when the individual account has been guaranteed, commonly "co-signed" by another individual. In these instances the co-signor's credit will also be affected by the actions of the original debtor.

    When you get married, your individual credit will likely remain your own individual credit, unless your girlfriend co-signs or converts your accounts to joint accounts, which would bind her contractually to those debts.

    There are several provisions and legal vehicles which may help protect your future wife's assets from your prior debts, and you should consult an attorney prior to getting married and implementing those tactics.

    Additionally under the Virginia Married Womaen's Property Act, a woman may elect to hold wages and under property acquired during the marriage as her separate property, and Real Property may be held by either spouse under a separate equitable estate.

    Good Luck and if you need further information, feel free to contact me.

    Sam Mansoor, Attorney
    Mansoor Law Firm, PLLC
    50 Catoctin Circle NE #301
    Leesburg, VA 20176
    (703) 404-7733

    Disclaimer
    The hiring of a lawyer is an important decision & should not be based solely upon advertisements. This site presents general information & is not intended as legal advice. Accessing this page, & any interior pages, is a request for information. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services & runs a conflict check & you have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Virginia Attorney or an Attorney in your area that knows the relevant facts of your case. www.loudounlawyer.com & www.theprincewilliamlawyer.com
    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    See question