Swoope Landlord-Tenant Lawyer, Virginia
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Staunton, VA 24402
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LEGAL TERMS
FORM INTERROGATORIES
Printed or 'canned' sets of questions that one party in a lawsuit asks an opposing party. Form interratories cover the issues commonly encountered in the kind o... (more...)
Printed or 'canned' sets of questions that one party in a lawsuit asks an opposing party. Form interratories cover the issues commonly encountered in the kind of lawsuit at hand. For example, lawyers' form books have sets of interrogatories designed for contract disputes, landlord-tenant cases and many others. Form interrogatories are often supplemented by questions written by the lawyers and designed for the particular issues in the case.
REFUGEE
In the context of U.S. immigration law, people who have been allowed to live in the United States indefinitely to protect them from persecution in their home co... (more...)
In the context of U.S. immigration law, people who have been allowed to live in the United States indefinitely to protect them from persecution in their home countries. Refugees get their status before coming to the U.S., while asylum seekers obtain their status after arrival. Refugees may eventually get green cards.
TENANT
Anyone, including a corporation, who rents real property, with or without a house or structure, from the owner (called the landlord). The tenant may also be cal... (more...)
Anyone, including a corporation, who rents real property, with or without a house or structure, from the owner (called the landlord). The tenant may also be called the 'lessee.'
AUTHOR
In terms of copyright protection, either the person who creates the work, the person or business that pays another to create the work in an employment context o... (more...)
In terms of copyright protection, either the person who creates the work, the person or business that pays another to create the work in an employment context or the person or business that commissions the work under a valid work for hire contract. For example, a songwriter may write a song, but if he is employed by a company to do so, the company is the author of that song for copyright purposes.
UNCLEAN HANDS
A legal doctrine that prevents a plaintiff who has acted unethically in relation to a lawsuit from winning the suit or from recovering as much money as she woul... (more...)
A legal doctrine that prevents a plaintiff who has acted unethically in relation to a lawsuit from winning the suit or from recovering as much money as she would have if she had behaved honorably. For example, if a contractor is suing a homeowner to recover the price of work he did on the home, his failure to perform the work as specified would leave him with unclean hands.
LEASE OPTION
A contract in which an owner leases her house (usually for one to five years) to a tenant for a specific monthly rent, and which gives the tenant the right to b... (more...)
A contract in which an owner leases her house (usually for one to five years) to a tenant for a specific monthly rent, and which gives the tenant the right to buy the house at the end of the lease period for a price established in advance. A lease option is often a good arrangement for a potential home buyer because it lets him move into a house he may buy without having to come up with a down payment or financing at that time.
COMMERCIAL FRUSTRATION
An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can bre... (more...)
An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can break a lease if the property she agreed to rent accidentally burns down before the tenants move in.
FRIENDLY SUIT
A lawsuit brought by two parties, not as adversaries, but as collaborators in order to resolve a legal question that affects them both. For example, two compani... (more...)
A lawsuit brought by two parties, not as adversaries, but as collaborators in order to resolve a legal question that affects them both. For example, two companies might bring a friendly suit to court in order to clarify a legal interpretation of a contract between them.
USE TAX
A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy... (more...)
A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy your car in a state that has no sales tax, but you live across the border in a state that does have a sales tax. When you bring your car home and register it in your state, the state taxing authority will bill you for the sales tax it would have collected had you bought the car within the state.
SAMPLE LEGAL CASES
Sales v. Kecoughtan Housing Co., Ltd.
... In this appeal we consider whether the circuit court erred in sustaining a demurrer filed by
a landlord and its agent, when a tenant claimed to have suffered personal injuries and property
damage as a result of misrepresentations and negligent repairs. ...
LANDMARK HHH, LLC v. Gi Hwa Park
... In this appeal, we consider whether the circuit court correctly determined that under a lease for
commercial real estate the landlord was liable for contract damages for the loss sustained by
the tenant when the roof of the leased premises leaked during a rainstorm, inundating ...
Bert v. Commonwealth
... [1] Appellant provided her Department of Motor Vehicles-issued identification card as proof of
identity as part of the application process. On her rental application, appellant provided the names
and telephone numbers of her landlord, employer, and six personal references. ...
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