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Home > Law > Real Estate Law   »   month to month lease

 
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Old Aug 5, 2007, 12:48 PM
kurinn
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month to month lease

i live in a apartment in portsmouth va. i am living month to month as me and my fiance are trying to buy a house. we had new downstairs neighbors move in below us about 6 months ago. we have a 2 year old and i work nights. the downstairs neighbors have been going to the office almost every week saying we have been making too much noise. "all we are doing is walking in our apt". now we get a notice saying that if we do not remedy this situation they well evict us! the apt is saying we are breaking their zero noise policy after 10pm. does that rule cover just walking in your own apt !!! my family is basically night owls and as i have said i work at nights. we have tried everything too keep the supposed noise down, but the ppl downstairs keep on us. the property manager has even said we need to take our shoes off to walk in our own apt !!! i guess what i am asking is does the apt complex have a right to say you are making too much noise when you are just walking in your own house and try to evict you on a zero noise rule ??????

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Old Aug 5, 2007, 12:57 PM   #2  
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The question is what will the housing court judge decide if they try to evict you. You have a right of use of your apartment and merely walking and even watching TV and other activities really can't be restricted.
Is the noice rule in your rental agreement ?

Now they can give you a 30 day notice to move , for any or no reason.
Sounds like it is time to find a new living place
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