Legal Question in Landlord & Tenant Law in Virginia

quiet enjoyment

I have rented the master bedroom in a townhouse where the landlord resides. My room is right above the living room where there is a big screen TV. The TV is always turned up so loud that the music and sound effects vibrate into my room. In my room I have an air purifier running and my TV on and I can still hear theirs. I have asked them time and time again if they could turn it down some and they do for a while but then the next day it is up again. Do I have to put up with this because I signed a 1 year lease or could this be considered a breach of quiet enjoyment which is listed as part of my lease.


Asked on 10/06/08, 8:05 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: quiet enjoyment

Yes, the circumstance which you've described might be considered somewhat such a breach of your lease, but would not likely be sufficient to legally constitute what the law considers a constructive eviction which would allow you to prematurely terminate your lease without penalty.

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Answered on 10/13/08, 11:43 pm


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