Legal Question in Real Estate Law in Virginia

My fiance and I have lived in our apt. for four years. We have a two year old boy and a three year old girl. A lady, about 70 years old moved in below us about 5 or 6 months ago. She complains of our children stomping on the floor and yelling. I do what I can to control this; I don't just let them do it. But they don't completely understand all of this because they are so young. The mgr. here talked to me about this one time. We agreed that it would probably be better if we move to a first floor apt. However, we would have to pay a deposit to move into another building; there aren't any 1st floor apt. available. We are barely getting by now. If they could've waived the deposit we would gladly move to another building. Two weeks ago, we got an eviction notice. The manager told me it is because of the children's noise. She never made it seem like we had to do something or we would be evicted. We discussed it and she said she understood because she have young children. I feel like we are being treated unfairly.

Asked on 10/05/11, 9:01 am

Michael Hendrickson Law Office Michael E. Hendrickson

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So, when your hearing comes up on the eviction in general district court,

contest it on grounds that what has been alleged does not constitute a material

violation of the lease that would justify such action by the landlord.

Answered on 10/05/11, 9:23 am

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