The last handful of months have been hell. The resident downstairs is loud and inconsiderate. She plays music until 3am all days of the week and slams the door whenever entering or leaving. Not a normal slam but hard enough to shake the walls. My wife and I have made several complaints to the local authorities as well as the property manager. Needless to say, it’s still going on and nothing seems like it’s going to change. What options do I have? Everything has been documented via email. The neighbor has been contacted by the property but I’m pretty sure she doesn’t care and continues to do it just to be spiteful.
As a tenant, you have a right to the quiet enjoyment of the premises. Further, in Virginia (like in many other states), the landlord has a statutory warranty of habitability; that means the landlord must warrant the premises is free from conditions detrimental or injurious to your health or safety. Importantly, the actions of the resident in a unit below yours would likely constitute a private nuisance, because her use of her premises is infringing upon your quiet enjoyment of yours. It sounds like you have already tried to alert the landlord or his/her/its agent to the problem and you really have not received a satisfactory response. You may have a claim for breach of the warranty of habitability; however, if possible, try to document the noises as well.
You may also want to consider filing a Tenant's Assertion; this would permit you to pay rent to the court instead of to your landlord until your landlord has made the required repairs or abated the nuisance; however, you must follow a process before doing that.
You should speak with a competent landlord/tenant attorney.
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