THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Saturday, February 15, 1997 TAG: 9702130225
SECTION: REAL ESTATE WEEKLY PAGE: 24 EDITION: FINAL
COLUMN: LANDLORDS & TENANTS
SOURCE: Greg McCracken
LENGTH: 76 lines
Q. I own and manage a small apartment building in Norfolk. The building has a staircase in the middle and the apartment doors open onto the landings.
On almost a weekly basis for the past several months, all the light bulbs and fixtures in the stairwell have been broken. Without these lights, the stairwell is too dark for people to see. I think I know who is doing this, but I haven't been able to catch them yet.
Do I have to catch them to evict them? Do I have to keep replacing these lights, if it is a tenant breaking them?
A. If one of your tenants is breaking the lights intentionally, you need to be able to prove it before you can evict them. If it has been done this often in a short period of time, someone else in the building must have seen who is doing this.
This person would probably be as sick of it as you are and would be willing to testify in court, if necessary. Ask around and find out.
If you cannot find someone who has seen the person doing this, you could set up some type of video surveillance in your stairwell or enclose the fixtures. Otherwise, you cannot evict someone based on suspicion.
Even though you suspect it is a tenant doing the damage, you still have an obligation to provide a lighted stairwell. Failure to do this could leave you open for a lawsuit, if someone gets hurt. Rules and regulations
Q. I recently moved into an apartment and along with the lease the landlord gave me a list of rules and regulations, which I was required to sign.
I really didn't think about it at the time, but now it bothers me. Can a landlord set rules and regulations in addition to existing law?
A. Yes. In fact, this is allowed under Virginia Code Section 55-248.17. However, they cannot be imposed arbitrarily. They can only be for the purpose of convenience, safety, welfare of the tenants, preserving the landlord's property or fairly providing services and facilities.
The rules must apply fairly to all tenants and cannot be imposed for the purpose of the landlord evading his obligations. Finally, the rules must be pointed out to the tenant at the time he enters into the lease and he must receive notification of any changes. Loving out loud
Q. I am an older person, who lives alone in an apartment. Since the return of the most recent carrier battle group, I have been unable to get a full night's sleep.
The couple who lives above me expresses their joy of being reunited very loudly at all hours of the night. The first couple of nights I was understanding, having been married to a service member for many years. However, this has gone on for about two months.
In an effort not to embarrass them, I wrote a note and slipped it under their door, but if they read it, they ignored it. Now I have taken to banging on the ceiling with a broom, but I don't think they can hear over their own racket.
They seem completely unashamed of their behavior and unconcerned they are disturbing me. I don't want to sound like an old fuddy who doesn't know what it is to be young and in love, but aren't I entitled to a good night's sleep in my own apartment?
A. Yes. You are entitled to the quiet enjoyment of your apartment. Since you've already tried to bring this to your neighbors attention and they have not changed their behavior, you should give your landlord notice in writing of what is happening and how it is affecting you.
This puts the burden on him to do something. If he won't or can't do anything about this, you probably have grounds to terminate your lease and move. In the meantime, you should forget the broom and buy some earplugs or a noise maker.
If they read your note and ignored it, they are certainly not going to respond to a broom. If they never saw your note, they are not going to notice your knocking on the ceiling with the broom. MEMO: Greg McCracken is a Virginia Beach lawyer. Send questions to him
at 4705 Columbus St., Virginia Beach, Va. 23462-6749. The fax number is
552-6016; e-mail, hpmv(AT)livnet.com