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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23971
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I live in a "luxury, upscale" apartment that is not so

Customer Question

I live in a "luxury, upscale" apartment that is not so luxury and upscale as I was sold on. My upstairs neighbor has a party every weekend. I called the police this weekend, they told me to address the issue with the management office. I have brought up issues with the management office including loud music etc. They seem to take a very passive approach to things.
I would like to know if an attorney can tell me what my rights are and/or draft a letter to send to the corporate office? I also have a few other questions.
May I request a call at(###) ###-####
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 month ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 1 month ago.

Do you rent or are you an owner?

Customer: replied 1 month ago.
I rent
Expert:  RealEstateAnswer replied 1 month ago.

Thank you. As a tenant, you have a legal right to quiet enjoyment. If that is being disturbed, the management needs to correct it. If they fail to do so, you may have a basis to break the lease and vacate, if they fail to cure this. As such, it is always best to start by documenting this in writing and advising them of the same. You can share with the, the dates and times this occur and even go so far as trying to obtain reports of the complaint, made with the police. This way, you can show and support the noise and how it is interfering with your living. Then, if it continues and you need to sue them to break the lease, you have evidence to rely on to show and support your actions.

Customer: replied 1 month ago.
Management said I can break my lease and move, but whey should I incur moving costs now and be inconvenienced instead of addressing the issues with the upstairs neighbor. Do I have a case to go after the management company and/or neighbor?
I have kept track of days and times when it comes to noise issues. How easy would it be to go after them?
Is there anything in the "law" that indicates apt/mgmt/co must provide a quiet/peaceful livable environment in exchange for rent?
Are there attorneys that can draft a letter for me? Please explain your costs.
Expert:  RealEstateAnswer replied 1 month ago.

The site does not provide legal representation and is unable to draft any documents on your behalf. However, if the management is aware of the issue and allows it to go on and it forces you to vacate, since it interferes with your right to quiet enjoyment, you could turn around and sue them. Of course, the burden would then shift to you, to show that this was the case and the noise forced you out and they failed to act. I think it may be difficult. If you are not happy and they will allow you to break the lease, without penalty, you may want to consider it. Here is a link to the statute, which advises of the same

http://law.lis.virginia.gov/vacode/title55/chapter4/section55-78/

Expert:  RealEstateAnswer replied 1 month ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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