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djlmedic · Mar 10, 2009, 08:28 AM

Here is my issue. I live in an apt. complex with other apt. connecting to mine. Approx. 4 to 5 months ago my wife and I started to notice a cigarette smoke smell in our kitchen and kids bathroom. We requested the maintenance personnel come out and look at it. They did and said there was no way this was happening, but could smell the smoke! This was about 2 months ago. Since it has gotten worse and they have been out 2 other times with nothing done. We have isolated the problem to the neighbors behind us that smoke like chimneys. I spoke with the main property manager multiple times again with nothing done. My oldest son has diagnosed asthma and my wife is currently pregnant. We are considering breaking the lease 1 month early due to these health risk conditions. Do we have the right to break the lease?

Thanks in advance!

ballengerb1 · Mar 10, 2009, 08:48 AM

You can walk away from your lease but you will pay the rent unless the management agrees to allow you out early. You could try to sue due to the unhealthy environment but your lease would be up before you got a court date. Have you told the management you need to leave since they can't fix the problem, try it.

djlmedic · Mar 10, 2009, 09:03 AM

I have talked to the manager multiple times and made her aware of the issue. She is very nice and actually concerned but they still haven't or can't fix the problem. I have her checking with the owner to see if I can leave without penalty.

ScottGem · Mar 10, 2009, 09:11 AM

There is probably very little the maintenance people can do. Without some reconstruction to seal drafts or maybe some blown in insulation I doubt if they can stop it. And even those measures might not work.

Have you spoken with the neighbors? Maybe at a meeting with the complex manangement? You could offer to buy them some smokeless ashtrays. Ask that they not smoke in rooms where you share a wall.

But, I don't see any legal grounds to break the lease. However, since its only one month I would think the landlord may be accommodating, especially if the complex is in demand.

So the first thing I would do is set up a meeting with the neighbors, then see what the landlord has to say.