This is on month to month lease in Delaware where law seems to require 60-day termination notice. I have proof of the smoking and have written numerous letters to stop smoking(oh and to camouflage smell tenant has windows open and AC running in below freezing weather!). My lawyer says this is impossible to remedy but I'm desperate... I'm a cancer survivor with history of 3 sinus surgeries and the smoke is killing my nose and throat. Can't I find a way to make them stop before the 60 day eviction can be enforced?

Are you the landlord? Under Section 5513, (http://attorneygeneral.delaware.gov/...ndlordcode.pdf) a tenant can be given a 7 day notice for breach of lease terms. If the breach is not repaired, then eviction can be started.

However, only the landlord can initiate such action. If you are also a tenant, then you can inform the landlord of the breach and if he doesn't repair it, then you can void the lease and move.