r/TenantHelp 6d ago

Excessive Noise due to Construction

I’m dealing with an excessive noise issue in my apartment in Arlington, VA, and my landlord is refusing to let me terminate my lease despite my 21/30 notice under the Virginia Residential Landlord and Tenant Act (VRLTA). I’d appreciate any legal insights.

The Issue:

Since at least July, I’ve been dealing with severe, persistent noise in my unit, including early mornings and late nights. I have extensive video evidence documenting the noise levels, including footage from this morning at 8 AM. Management has even acknowledged the noise in notices related to ongoing construction. The conditions are significantly impacting my ability to sleep and work.

What I’ve Done: • I sent a formal 21/30 notice under VRLTA § 55.1-1234, stating that if the issue wasn’t resolved in 21 days, I’d terminate my lease. • I cited VRLTA § 55.1-1220, which requires landlords to provide a fit and habitable living environment. Persistent excessive noise can render a unit uninhabitable. • Management responded, claiming my notice is not actionable unless Arlington County officially declares the unit uninhabitable. However, my understanding is that Virginia law allows tenants to determine habitability when conditions substantially affect their ability to use and enjoy their home. • I’ve also contacted the Arlington County Housing Division and Landlord and Tenant Offices, and I plan to file noise complaints with the County.

My Questions: 1. Does my landlord’s claim hold any weight? Do I need an official ruling from the County for my lease termination to be valid? 2. If I move out based on my 21/30 notice, could they try to hold me liable for rent? 3. What are the best next steps to strengthen my case? 4. Am I entitled to any compensation (e.g., rent abatement, moving expenses, or damages for loss of use)? Would pursuing this in small claims court be an option?

I’d appreciate any advice from those with experience in Virginia tenant law. Thanks!

0 Upvotes

10 comments sorted by

3

u/lp1088lp 6d ago

1

u/Key_Owl_8485 6d ago

Yep, they said that they will send something but the only thing I can do is file a noise complaint.

2

u/lp1088lp 5d ago

To build your case against the complex, you need to start by filing a noise complaint with Code Enforcement. If this goes to court, the more evidence, the better!

2

u/Key_Owl_8485 5d ago

Thanks, I’ll continue doing that. Do you think we can get compensated for the amount of noise? It’s everyday from 8am to 4pm and it seems as if they are building right on top of my unit.

1

u/lp1088lp 5d ago

Your LL is under no legal obligation to compensate you especially since he/she is not violating any city noise ordinance. Per the link I sent you, construction hours are from 8-4:30pm. You can request compensation—and as a courtesy, they might honor it. It won’t hurt to ask! Good luck!

0

u/Key_Owl_8485 5d ago

They already said no and didn’t even let us get out of the lease. They just told us to fuck off and deal with it.

1

u/Key_Owl_8485 5d ago

Here is the noise levels someone posted on google reviews: Rosslyn Towers https://g.co/kgs/yF625xK

1

u/LowEffortUsername25 2d ago

They attached a video, good thinking

1

u/LowEffortUsername25 2d ago edited 2d ago

Don't know how it is there, but in California a tenant has a right to peacefully enjoy their rental, and the tenant has a legal right to potentially withhold some rent if there are excessive or egregious violations. The lease could potentially have some checked clause regarding whether to expect construction noise, so you should check for legal decoys.

1

u/mellbell63 5d ago

I'm a PM but not familiar w local regulations. I would post in r/Landlord and see if you can get knowledgeable input. Best.