Legal Question in Real Estate Law in Virginia

Rights as a renter

My wife and I recently moved into a two bedroom apartment. The people that live below us smoke. When they are smoking, there smoke comes into our apartment. My wife is allergic to the smoke and has had a few problems with asthma as a result.

The rental office has tried to fix the problem a few times, but has been unsuccessful. They have offered to let us transfer to another apartment in the complex. They are also offering to pay any reconnect fees associated with utilities.

Do we have any rights to ask for more compensation beyond that? This issue is a health concern and major inconvenience since we JUST unpacked our stuff and have to repack it and move now. Is there any legal action that we could take?

Thank you!


Asked on 12/16/04, 4:39 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Rights as a renter

Unless there is a local county or city ordinance

which may have been violated, I would guess not.

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Answered on 12/16/04, 7:03 pm


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