i live in portland oregon. second hand smoke is entering my apartment in my kitchen and bathroom. i am 14 weeks pregnant and have asked my manager to move us to a different apartment away from the smoke. (smoke makes me very ill) they have sent the maintenance men to my apartment to try to seal off holes so that the smoke can't come in. they have also entered the apartment below, who happens to be on the maintenance crew, tried to seal off holes there, and told us they NEVER smoke in their home! this has been going on for over a month and smoke is still a problem. they refuse to move us. do i need a lawyer to break my lease? there is a no break lease policy here! am i stuck?

excon

Hello panda:

If they want to fight, I doubt you can break your lease even with an attorney. The building attempted to fix it. It just might not be an airtight building. That's not a defect a landlord can fix. Smoking isn't illegal, so they can't do anything to the smoker. I dunno. You're at an impasse.

Here's how to break it: You say they refuse to move you....... But, I'll bet not......

Go to them. Tell them you cannot abide by your present circumstances. Tell them that you ARE going to leave. You are either going to move to an apartment house down the street, and you will fight it out in court with your present landlords. Or tell them you are going to move to an apartment in THEIR building and keep on paying rent like a good tenant.

Give them a choice. I can’t see them letting you walk out the door.

excon