Legal Question in Real Estate Law in Virginia

Concerning Breaking a Lease

I'm about three months into my lease and the noise from the ceiling is driving me crazy. The people up stairs are not making much noise, however, when they walk or anything else it is extremly loud. So much so that I stay out unless I absoultly need to be inside. I didn't get to inspect this unit because it was under construction. It used to be the maintenance office.I was shown a model and there was no noise even close to this. Management said that the maintenance personnel never complained, however, they didn't live in it. My question is this: Can I break this lease because what I was shown does not really represent what I agreed to pay for? If I would have heard this before I would have asked to see another unit.


Asked on 3/02/03, 9:41 pm

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

Re: Concerning Breaking a Lease

Before taking unilateral action to break your lease, you should bring the matter to the attention of the property management office. If possible, you should attempt to record the racket when it is at its loudest and most disturbing phase. Hopefully, when the management becomes fully aware of the dimensions of the problem, they will arrange for you to move to another unit.

Whether or not the noise problem you have described would be sufficently severe to allow

you to claim it as a basis for a constructive eviction defense to breaking the lease may be problematical, and you would be well advised to try to work the problem out with the landlord rather than take action on your own to break the lease.

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Answered on 3/02/03, 11:27 pm


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