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Christopher John DeSimone
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Christopher DeSimone’s Answers

19 total


  • Paid more rent per month than what was asked but didn't get credit from landlord

    fell behind on rent I suggested to add more money each month to catch up. I paid 1200 for a year .rent was only 1050 .after a year landlord stated that I agree to raise the rent on my own .why when I was already 900 behind so I got no credit aft...

    Christopher’s Answer

    It is possible that you created a new agreement with the landlord when you agreed to pay the deficiency over time. You should have an attorney review your lease and the written correspondence that you have exchanged with the landlord. Unfortunately, if the landlord is refusing to refund the overage, you may have no choice but to pursue legal action against the landlord.

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  • Is this a breach of contract by the landlord? can I get out of my lease?

    I signed a lease for an apartment about a month ago with the move in date for may 1st and they now tell me that the apartment is not vacant yet so I cant move in until late this month is that a breach of contract? this is such an inconvienice for ...

    Christopher’s Answer

    You should have an attorney review the lease. There may be a clause in the lease which addresses this scenario.

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  • Can I evict my sister-in-law?

    My sister-in-law has been living with my husband and I for five years. During this entire time, she has never paid rent, refuses to work a job and watches television all day. There is no lease or agreement between us. She just moved and never l...

    Christopher’s Answer

    I assume that you and your husband jointly own the home. If this is true, then you and your husband have the right under Virginia law to evict your sister-in-law. However, if your husband is unwilling to take this action and he opposes the eviction proceedings, it is unlikely that a Court will enter a judgment against your sister-in-law. I personally find that family disputes regarding real property are better resolved outside of the courtroom. Good luck.

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  • My house has been foreclosed on&the bank is now the owner.The Unlawful detainer case is tomorrow. What's going to happen to me??

    I lost the high-paying job I'd had for 13 years, in September of 2013. At that time I became unable to pay my $1,900 a month mortgage. The bank foreclosed and the Unlawful detainer case is tomorrow. I have filed a Chapter 7 bankruptcy. What's go...

    Christopher’s Answer

    If you have filed for bankruptcy, then the unlawful detainer proceedings should be automatically stayed in Virginia. You should speak with your bankruptcy attorney about this issue and inform the general district court of the bankruptcy filing. Good luck.

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  • Real estate mechanics lien removal

    As I mentioned in the title, I would like to notify the court that a mechanics lien has been removed from a property and that I would like for all lawsuits against me to be dismissed. I did some work for a contractor and he refused to pay me when...

    Christopher’s Answer

    More information is needed to answer your question. Why were you sued? How did you release the mechanic's lien(s)? If you were served with a lawsuit, writing a letter to a Judge will not result in the dismissal of the case. You should consult with an attorney to discuss the lawsuit and to make sure that a default judgment is not entered against you.

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  • Question about buying and selling a house (Settlement)?

    I am trying to sell my house. When I bought the house I signed promissory note and deed of trust. Lender was A home mortgage and trustee was B. I went to court land record to see what I have. So far the promissory note was transferred from A home ...

    Christopher’s Answer

    The buyer's title insurance company and the settlement agent that handles the property transfer will search the County land records to determine which parties need to be paid off from the proceeds of the sale in order for you to transfer the property free and clear of all liens and encumbrances. The settlement company will request payoff statements from those parties before the closing. From your description, I cannot tell exactly which parties will need to be paid off. However, if you have only signed one deed of trust since you purchased the property, there is probably only one deed of trust that needs to be paid off (regardless of the number of transfers).

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  • By rental agreement, after 1 year lease term is expired, what rent is legally lowed if 60 days notice is required and given?

    By rental agreement, after the 1 year lease was up, rent was paid month by month, but a 60 days notice was required for termination. If the 60 day notice was received on Nov 27, 2013 wouldn't the termination date be 60 day forward on Jan 26, 2014...

    Christopher’s Answer

    The answer to your question depends upon the specific language included in the lease. Generally a month to month tenancy does not terminate until the end of the month, but it is possible that the language in the lease regarding the 60-day notice creates an earlier termination date. You should have the lease and the 60-day notice reviewed by an attorney, or attempt to reach a compromise with the landlord/tenant.

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  • According to VA law how long do I have to wait until selling furniture sitting at my warehouse that a client didn't fully paid?

    We sold custom ordered furniture to a client and at the time the order was placed she paid 50%. The furniture has been sitting in our warehouse for several months and we were unable to collect the reminder balance from the client. According to...

    Christopher’s Answer

    Do you have a written contract with the purchaser? Does it address what happens in the event of non-payment?

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  • Is there any legal obligation to pay back investors when a start up fails and nothing was ever drafted in writing?

    n/a

    Christopher’s Answer

    Unfortunately, additional information is required to answer your question. If the funds were advanced as a loan, it is possible that you may be required to pay the money back. Was a legal entity established? Did the investors receive an ownership interest in that entity? Were there written communications between the parties discussing the venture and roles of each party? Have any demands been made for repayment?

    My law firm regularly handles these types of cases in Virginia. Feel free to contact me to discuss the case in greater detail.

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  • If I do not have a signed lease, can I get judgment for the full amount owed under the lease? Is an oral lease valid?

    As a landlord, if I do not have a signed lease for a residence, can I get judgment for the full amount owed under the lease? Is an oral lease valid?

    Christopher’s Answer

    If you do not have a signed lease, you will have to demonstrate to the Court the amounts that you are entitled to from the tenant. It is possible that a Judge will not award you the amounts stated in the unsigned lease. I think that you should speak with a local attorney, as the specific facts of your case will determine the best way to proceed.

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