Q: Moved into an apt 7 days ago & made 2 noise complaints already. Can I break the lease w/out penalty if this persists?
Live in Fairfax county. This is a fairly modern building, run by a management company. The building charged numerous fees--move-in fee and amenity fee--so I would lose over $1,000 there. However, the noise complaints came from loud neighbors at midnight and 1am next to my master bedroom. If this persists, it makes the apartment unlivable.
I have made two formal noise complaints (emailed the management agent). They replied with an apology. I'm unaware that they've done anything beyond this.
No one likes moving, and I don't relish the thought of having to do it again so soon after moving the end of April 2019, however, I want to know if I have options other than breaking my lease? As you know, breaking a lease means I'll incur at least a 2-month penalty -- over $5k.
If the noise and problems persist, and as long as I have my complaints in writing, does VA allow tenants to leave a lease early if management takes no action to address this problem?
A:
This is actually a Landlord Tenant issue. And there are provisions in your lease that affect it.
And it's a very very tricky problem. Management can't tell you precisely what they've done on your complaint - privacy works several ways. And even if they took action, it will take them 2 or 3 months if they have to go to court to deal with the noisy tenants (of course, you'd be a witness so you'd know about it).
If it's impossible to stay there, you can file a 'Tenant Assertion' in General District Court and ask the judge to either let you out of the lease or reduce the rent because of the lack of enjoyment you have. However, your lease may provide that if you sue the owner and lose, you may have to pay their attorneys fees to defend it - sort of a dis-incentive.
Is there a different apartment they could relocate you to as a compromise? And are you recording the noise that comes into your apartment?
Bruce Alexander Minnick agrees with this answer
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