Legal Question in Landlord & Tenant Law in Virginia
r there codes for renters of townhomes
I would like to know 2 things 1st i rent a townhome, and i say ( townhome )because i was told it could be deeded --seperate. I have a neighbor (which I might add is nothing short of miserable--He will complain no matter what) but he is friends with the landlord. Therefore he the (landlord) has or what i feel has taken his side--now when I say sides == I have done nothing wrong--but neighbor keeps banging on walls and has had verbal outburst--This is not acceptable==Now The dwelling--(townhome) said to be deeded serperate--dont know how--no association--land both proporties mine and his on same. (LAND)--would like to know if there are any building codes that apply--concern NO fire wall--2nd harrassment ****from thy neighbor--how would you handle--I know should relocate--but there is a point!! Im not the 1st tentant to have had issues with neighbor.
1 Answer from Attorneys
Re: r there codes for renters of townhomes
You may be able to sue the neighbor directly
for creating a nuisance. Now, please understand
that "nuisance" in the law is *NOT* the same as
what people commonly understand in routine life.
So I would definitely consult a lawyer. However,
if he is habitually and INTENTIONALLY banging on
walls and that sort of thing, you might be able
to do that. It is less clear if the noise is
unintentional. However, playing the TV very
loud might be considered intentional, because
the TV does not turn itself on.
Unlike many things I suggest, I would really not
advise trying this without a lawyer. IF you
cannot afford one, then you can give it a try.
You will probably find that your first attempt
will be unsucessful, but they will tell you
exactly what is wrong with your legal papers in
the process. Do try to go to the nearest law
school with a law library and learn about the
law of nuisance in Virginia.
Note that a nuisance which does not threaten
health or life is going to be the hardest type
to prove and win on.