Q: What are my rights for peaceful enjoyment in VA in regards to the amount of parting at my apt complex?
I live at an apartment complex and every weekend the amount of partying is unimaginable. Sometimes our building will shake, you can hear the music from three buildings over, people ring our doorbell and our neighbors throughout the night, people are yelling in the courtyard, and more. We have even had our own property outside our door damaged and destroyed. It is too much and I would not like to finish out my lease that ends at end of July but I am wondering what my grounds are to break it and how I should go about it? Obviously I need to give my landlord a chance to remedy it but since it a large amount of tenants contributing to the disturbance that will be difficult. Could I get some advice on how to move forward?
A: In Virginia, the "covenant of quiet enjoyment" exists between the landlord and the tenant. There is no similar covenant between tenants living in the same building. In addition, I have never heard of and think there is no such right to peaceful enjoyment between tenants of a premises in Virginia.
A: You'd have to give your landlord a 21/30 notice to remediate the violations and if the violations continue after the 21 day period then you could terminate on day 30. If you go this route, I'd suggest you hire an attorney to draft the notice and I'm sure anyone who responds would be happy to help. Good luck.
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