THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, January 28, 1995 TAG: 9501260285
SECTION: REAL ESTATE WEEKLY PAGE: 10 EDITION: FINAL
COLUMN: LANDLORDS & TENANTS
SOURCE: Albert Teich Jr.
LENGTH: Medium: 67 lines
Q. We live in a small apartment complex. The buildings are very close. One tenant has a giant wind chime and two smaller ones on the back patio. I know this is not in violation of noise ordinances, but it is very annoying and inconsiderate. Hopefully, this can be a subtle reminder for fellow tenants to be more considerate to their neighbors. While on the subject, most of us do not want to listen to our neighbors' loud stereos or their barking dogs.
A. You did not tell me how large the wind chime is. It might very well be in violation of city anti-noise ordinances depending upon the volume of sound created when the wind blows. It could be that the owner of the chimes is not in violation of the city anti-noise ordinance, if any, but may very well be guilty of being a plain ordinary nuisance.
Continually causing noise that can be heard beyond the confines of your own premises could certainly be classified as a nuisance and, therefore, would fall under either a statute, ordinance or the common law.
I would talk with the rental agent of your complex, discuss the problems with him and see if your neighbors cannot reduce the chimes down to the two smaller ones. You mentioned that you do not want to listen to loud stereos or barking dogs and, quite frankly, I think a giant wind chime could fall in the same category.
Your best bet is to speak with your rental agent. If that does not work, tell the agent you are ending your lease on the expiration date and then look for a quieter place to live.
It is always easier to tell someone to move than to have to go through it. But remember, it's your money and there are an awful lot of vacancies in the area. I am sure the landlord would prefer to have you there than to have you elsewhere. Quarantined past lease date
Q. I live in a rural section of Virginia and rented a house from a couple who owned only one rental unit. I rented the house on a year-to-year lease with the expressed understanding that the lease would terminate on May 31.
Immediately before the May 31 lease expiration date, my child came down with a highly contagious disease and we were quarantined and forced to hold over for an additional 19 days. I notified the landlords immediately and told them we would be out as soon as the quarantine was lifted. We stayed 19 days and then I moved out as soon as possible.
The landlords contend that they have made a reasonable effort to re-rent the premises, have not been able to do so and that I am liable for the rent for another year because the lease automatically renewed when I did not move before May 31. Am I liable for the rent?
A. No. The general rule is that if a tenant does hold over without just cause after the lease has expired, the landlord can determine that this is, in effect, renewing the lease for another term and holding the tenant liable for the rent during that term.
In your case, however, it was not a voluntary decision not to move and you moved as soon as the public health officials allowed. In such a case, you will be liable for the period of time in which you held over but the lease did not renew for another year. MEMO: Albert Teich Jr. is a real estate lawyer based in Norfolk. Send
comments and questions to him at Real Estate Weekly, 150 W. Brambleton
Ave., Norfolk, Va. 23510.
by CNB