Christopher John DeSimone’s Answers

Christopher John DeSimone

Fairfax Business Attorney.

Contributor Level 4
  1. By rental agreement, after 1 year lease term is expired, what rent is legally lowed if 60 days notice is required and given?

    Answered 8 months ago.

    1. Christopher John DeSimone
    2. Michael James Carmody
    2 lawyer answers

    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.

    2 lawyers agreed with this answer

  2. Is a non-compete enforceable if a contract ended?

    Answered 10 months ago.

    1. Peter Anthony Jabaly
    2. Christopher John DeSimone
    3. Robert Dean
    4. Mishka L Marshall
    4 lawyer answers

    You should engage an attorney to review the contract and to make recommendations. Usually non-compete agreements extend for a period of time after the employment is terminated. If Virginia law controls the contract, the non-compete restriction will have to be narrowly tailored in order to be enforceable. That said, even if the restriction is unenforceable, your former employer may still attempt to enforce the contract against you, which could effectively prevent you from taking the position...

    2 lawyers agreed with this answer

  3. 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??

    Answered 4 months ago.

    1. Christopher John DeSimone
    2. Michael James Carmody
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. 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?

    Answered 10 months ago.

    1. Christopher John DeSimone
    2. Cheryl Rivera Smith
    3. Peter J Weinman
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

  5. Employment Law - Is a No-Compete Clause Enforceable?

    Answered 10 months ago.

    1. Christopher John DeSimone
    2. Robert Dean
    3. Rixon Charles Rafter III
    4. Andrew Steven Cabana
    5. Matthew Timothy Bechtel
    5 lawyer answers

    You should consider hiring an attorney to review the agreement and to make recommendations. The answer to your question will depend, in large part, on which state's laws control the enforcement of the agreement. The agreement may explicitly state which state's laws control. You should also understand that even if the non-compete restriction is unenforceable, your former employer may still attempt to enforce the contract against you, which could effectively prevent you from taking the new...

    1 lawyer agreed with this answer

  6. What documents are required for me to act as an agent for a parent in a landlord/tenant issue?

    Answered 10 months ago.

    1. Christopher John DeSimone
    1 lawyer answer

    If the property is in Virginia, you can appear in Court on behalf of your mother if she signs a specific power of attorney granting you the right to manage the property. I do not completely understand the situation regarding the living arrangements - why will you be in the home? The eviction process can take several weeks, and even months, if the tenant does not vacate voluntarily. I would advise that you speak with an attorney about the eviction process and the best ways to eliminate conflict.

    1 lawyer agreed with this answer

  7. Question about buying and selling a house (Settlement)?

    Answered 5 months ago.

    1. Christopher John DeSimone
    1 lawyer 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...

    1 person marked this answer as helpful

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

    Answered 4 months ago.

    1. Andrew Dennis Meyer
    2. Steven Andrew Krieger
    3. Christopher John DeSimone
    3 lawyer answers

    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.

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

    Answered 4 months ago.

    1. Christopher John DeSimone
    2. Michael Todd Pritchard
    3. Michael James Carmody
    3 lawyer answers

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

  10. Can I evict my sister-in-law?

    Answered 4 months ago.

    1. Christopher John DeSimone
    1 lawyer 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.