Virginia Flashcards

1
Q

Title 55

A

Leases and landlord-tenant relationships are governed by Title 55

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2
Q

General Leasing

A

A nonresident owning four or more rentals must appoint a VA resident as agent.

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3
Q

VRLTA

A
Virginia Residential Landlord & Tenant Act (VRLTA) 
Article 1: General Provisions
Article 2: Landlord Obligations
Article 3: Tenant Obligations
Article 4: Tenant Remedies
Article 5: Landlord Remedies 
Article 6: Retaliatory Action
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4
Q

Security Deposit

A

May not exceed 2 months rent and has to be returned within 45 days. Landlord must make a final inspection within 72 hours of termination of lease.

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5
Q

Virginia Fair Housing Law

A

Prohibits discrimination in housing and real estate activities on the basis of: Race, Color, Religion, National Origin, Sex, Elderliness, Familial Status, or Handicap

Elderliness (not included in federal law)

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6
Q

Fair Housing Law Exemption

A

Single-Family residence sold/rented by the owner as long as the owner owns no more than three homes.

  • Did not use real estate broker
  • No discriminatory advertising
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7
Q

Fair Housing Law Exemption

A

If owner occupies one of the unit.

- No discriminatory advertising

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8
Q

Fair Housing Law Exemption (Basis of Age)

A

Occupied by person at least 62 years old.

-One person 55+ in 80% of occupied units.

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9
Q

Disability

A

Must be permitted to make reasonable accommodation modification at their own expense.

  • Landlord may require restoration to original condition
  • Common area must be accessible to handicapped person, esp ground-floor units.
  • Buildings with elevator, all units must meet accessibility
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10
Q

54.1 Code of VA

A

The statue that governs the practice of real estate professionals.

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11
Q

Real Estate Board (REB)

A
  • issue/renew real estate licenses
  • take disciplinary action for violations
  • establish requirements for licenses
  • determine license fees

9 members: 7 licensed & 2 unlicensed
Appointed by governor
4 year term

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12
Q

Fair Housing Board has how many members?

A

FHB has 12 members.
Appointed by the governor
All 4-year Terms
3 Citizen Members

1 = Local government
1 = Architect 
1 = Mortgage lending industry
1 = Property and casualty insurance industry, 
2 = Residential property management industry/ member of a property owners' association or condominium unit owners' association, 
1 = Contractor 
1 = Disability community
1 = Residential land lease industry 
3 = Citizen members
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13
Q

Familial Status

A

families with children under age 18

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14
Q

Transaction Recovery Fund

A
  • Provides relief to eligible consumers who have incurred losses through the improper or dishonest conduct of a licensed real estate salesperson, broker, or firm
  • License can be suspended or revoked without review if one does not pay a required assessment to the Transaction Recovery Fund
  • Paid by Real Estate licensees ($20), not by any tax revenues.
  • single Recovery Fund claim to $20,000.
  • Balance is maintained a$400,000
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15
Q

Civil Rights Act of 1866

A

Prohibits discrimination based on RACE only.

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16
Q

Civil Rights Act of 1968

A

Prohibits discrimination based on race, sex, religion, color, national origin, familial status, disability

17
Q

Real estate taxes

A

Levied according to provisions of Article X of VA constitution

18
Q

58.1 Code of VA

A

General laws regarding taxation

19
Q

Exemption from taxation

A

Surviving spouse of a solder killed in action

20
Q

“taxes run with the land”

A

VA

owner is responsible for paying taxes from the date of closing to the end of the year

21
Q

Tax Lien

A

Has priority over all other liens

Will be paid first after deducting court costs

22
Q

Special Assessments

A

Pay for the limited local improvements.

Fees levied to pay installment of sidewalk or sewer in “one” neighborhood.

23
Q

Mechanic’s Lien

A

Filed by anyone who performs labor with a value of $150+ for construction, removal, repair, improvement.
File with 90days

24
Q

Transfer of Property (TYPES)

A

1) Purchase and Sale of Property
2) Eminent Domain
3) Descent and Distribution in Marital Estates
4) Easements
5) Condemnation

25
Q

Augmented Estate and Elective Share Act

A

Distribute property if an individual dies without a valid will (intestate). Surviving spouse OR 1/3 to spouse and 2/3 to children.

26
Q

Easement by Necessity

A

grants access to property (ex: walking path)

27
Q

Easement by prescription

A

use of property was adverse, exclusive or continuous with the knowledge of owner. Period is 20years.

28
Q

Easement by gross

A

Easement ends if owner sells or dies.

Grants access to utility companies

29
Q

Homestead exemption

A
  • Protection from judgement of creditors
  • Not to exceed $5K, plus $500/dependent
  • Exemption from judgments for debts, but not those used to purchase or improve the homestead property.
30
Q

CIC Board

A

Controls Condos and HOAs. It is under DPOR.

31
Q

Severalty

A

An individual owns property.

32
Q

Condominium Ownership

A

Fee simple

33
Q

Cooperative Ownership

A

Buyer purchases shares in the corporation that owns the property, then receives a proprietary lease.
- Become shareholders in the corporation that owns the complex.

34
Q

Virginia Department of Professional and Occupational Regulation

A

DPOR

Administers both REB and CIC Board

35
Q

Easement

A

Right to cross another’s land

36
Q

Appurtenant Easement

A

Runs with the land, lasts forever