Virginia Military Noise Disclosure

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Use this form to inform your tenants of the special circumstances with noise control for a property located in a military zone.

Document Last Modified: 1/1/1

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State Specific Clauses

VA State Assist

§ 55-248.12:1. Required disclosures for properties located adjacent to a military air installation; remedy for nondisclosure. A. Notwithstanding the provisions of subdivision A 10 of § 55-248.5, the landlord of property in any locality in which a military air installation is located, or any person authorized to enter into a rental agreement on his behalf, shall provide to a prospective tenant a written disclosure that the property is located in a noise zone or accident potential zone, or both, asdesignated by the locality on its official zoning map. Such disclosure shallbe provided prior to the execution by the tenant of a written lease agreementor, in the case of an oral lease agreement, prior to occupancy by the tenant.The disclosure shall specify the noise zone or accident potential zone inwhich the property is located according to the official zoning map of the locality. A disclosure made pursuant to this section containing inaccurate information regarding the location of the noise zone or accident potentialzone shall be deemed as nondisclosure unless the inaccurate information isprovided by an officer or employee of the locality in which the property is located.

B. Any tenant who is not provided the disclosure required by subsection A mayterminate the lease agreement at any time during the first 30 days of thelease period by sending to the landlord by certified or registered mail,return receipt requested, a written notice of termination. Such terminationshall be effective as of
(i) 15 days after the date of the mailing of thenotice or
(ii) the date through which rent has been paid, whichever is later.In no event, however, shall the effective date of the termination exceed onemonth from the date of mailing.

Termination of the lease agreement shall bethe exclusive remedy for the failure to comply with the disclosure provisionsof this section, and shall not affect any rights or duties of the landlord ortenant arising under this chapter, other applicable law, or the rental agreement.

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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