QUESTION

What recourse against my apartment for failure to investigate and or act neighbors who are violating the apt regulations?

Asked on Feb 10th, 2014 on Landlord and Tenant Law - Virginia
More details to this question:
My apt allows pets, but it does not allow the tenant to remove the carpeting from the apt to accommodate pet. I can hear everything upstairs, creaking, pounding, sound of the dogs scratching and running. I have asked management to act, but have not heard anything feasible, instead of confronting the neighbors, they asked if I could move. (We moved in July 2013) Basically all complaints have made the neighbors louder. I confronted them because of shattered class in the veranda where my daughter was playing which came from upstairs, they blew me off saying it was not there problem. I am willing to hire an attorney have this matter resolved and wish to be compensated for the pain and suffering my family are enduring. I all my year renting and or owning I have never had to file a complaint. I feel cheated and betrayed by my apt.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
You do have legal recourse and as a coincidence the very first case I tried as a new lawyer was exactly the same as yours and we won!  What you can do is bring a Tenant's Assertion against the landlord and file your rent in escrow because there is a condition on the property interfering with your right to quiet enjoyment of the premises and the landlord has not remedied the situation after you put them on notice of the problem.  If you have not done so already, be sure to put your request in writing to them.  Essentially what your landlord should be doing, rather than asking you to move, is giving your upstairs neighbor a 21-30 day notice for them to cease the disturbing behavior within 21 days or that their lease will terminate in 30 days.  If the landlord does nothing to remedy the situation, then on March 1 you can file your rent for March with the General District Court for the county in which you live.  This is assuming that your landlord falls under the Virginia Residential Landlord and Tenant Act, which they probably will if it is an apartment building, which is sounds like it is. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    
Answered on Feb 12th, 2014 at 12:01 AM

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