Legal Question in Landlord & Tenant Law in Virginia
Squirrels above rental Apt
There are squirrels running and nesting above my top floor apartment in the crawl space/attic and down behind the walls. I've been losing sleep since the noise keeps me up at night. The squirrels are still outside my living space, but they may chew wires or dig through the walls/sheetrock. The Rental Management has been notified, but they do nothing. Do I have any legal recourse? And are there any other cases similar to mine and what was their outcome?
2 Answers from Attorneys
Re: Squirrels above rental Apt
You may need to notify someone higher up in the management chain---and in writing. As long as the little bushy ones remain outside your living quarters, I do not see this nuisance activity as a basis for you to expect to be able to terminate your lease on the basis of a constructive eviction.
Re: Squirrels above rental Apt
You could, of course, request that you be given a different apartment well away from the squirrel activity, perhaps, on a lower floor.