In Virginia the landlord is required to provide to the tenant a disclosure allowing the tenant to know that the rental property is located within a military zone that is considered a noise hazard or nuisance or a possible locality for military accidents.
These “zones” are designated by official maps that each locality possesses. Some of these locations are located in Virginia Beach and Norfolk. A sample zoning grid map can be found on the Virginia Beach government website.
It is the landlord’s responsibility to check with the zoning office where the rental premises is located to see if there may be a military installation that falls within the noise or accident guidelines. Once this is ascertained, a map can be provided with the particulars needed to complete this disclosure properly. Unless there is a military base closure, generally the information on the maps will not change. But it is a good idea to check regularly to be sure.
The law for this disclosure is located in Title 55- Property and Conveyances, Section 27- Virginia Residential Property Disclosure Act, § 55-519.1. The maps required will show the decibel readings. It is these readings that will need to be placed in the disclosure form and given to the tenant.
This disclosure law was created in 1978 in an effort to assist the government to limit residential expansion in areas that are exposed to the noise of jets as well as the risk of harm and death from the possibility of an air-vehicle crash. This was later evidenced by a horrific crash in 1999 at a rather large apartment community that was within areas designated as noise and crash hazards.
VERY IMPORTANT This Virginia disclosure must be given to the tenant BEFORE the lease is executed. If the agreement entered into is a verbal one, then the Virginia Military Noise Disclosure must be provided to the tenant before they move into the rental premises.
There are serious consequences for not providing the tenant with a disclosure allowing that tenant to know there is a military installation nearby.
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