[angelfaye]

I have asthma and cannot be around tobacco smoke. Our lease states:

7. RULES: In addition to any posted rules for all Tenants in laundry room or common area, tenant agrees to comply with the following:
A NO KEGS ALLOWED ON THE PREMISES, NO LOUD NOISE, AND NO PARTIES WITH EXCESSIVE CROWDS. Minimum of $250.00 fine and/or
Eviction per occurrence.
B. One cat allowed on premises with $300.00 non refundable pet deposit
C. NO WATERBEDS ALLOWED.
D NO SMOKING IS ALLOWED ANYWHERE INSIDE THE BUILDING. $250 minimum fine and/or eviction per occurrence.
E. Tenant agrees to pay all costs to end of lease period for which he/she is responsible as shown in “Landlord and Tenant Responsibilities” schedule. (See next page).

Our apartment is constantly filled with tobacco smoke of one kind or another, triggering asthma attacks. The neighbors play their tvs and stereos so loud at times that our apartment vibrates. And there are at least 2 barking dogs in the building. I have complained several times to our landlord but all he does is send out an email saying he is going to do a surprise inspection the next day and either fine or evict the people smoking. I am home all day and he has yet to do any of these inspections or anything else. We have given up and rented a new place so that I can breath but he refuses to let us out of our lease. Are we responsible if he didn't keep up his end of the bargain? Clause "E" states "Tenant agrees to pay all costs to end of lease period for which he/she is responsible as shown in “Landlord and Tenant Responsibilities” schedule. (See next page)." but we never received this schedule. What are our rights?

[Fr_Chuck]

1. You had the right not to sign the lease until you had copies of all schedules, You should have required a copy before you signed, you signed as though you had a copy and agreed,

You will need to have a air quality study done ( no I am serious) and show that it has a high enough level of smoke or other irritants to be a health hazard. Next it may not be people inside smoking, esp if it is coming in your apartment, most likely it is people standing or sitting in stairwells or outside their apartment or maybe on a deck or balcony. ** Just from my apartment experience.

If you move out, he can sue for unpaid rents till he rents it to someone else.

[AK lawyer]

... Are we responsible if he didn't keep up his end of the bargain? ...

Yes. The "bargain" is your lease. Does the lease provide that the landlord must strictly enforce every term of the "rules"? I would be surprised if it did.

... we never received this schedule. What are our rights?

Has the landlord billed you for any charges from this schedule, in addition to the agreed-upon monthly rent? If not, and you want to know what these additional charges might be, you can always ask for a copy of the schedule.

[ScottGem]

You put the cart before the horse. What you should have done is send the landlord a notice that gave him x # of days to enforce the rules and end the problem. The letter should further have stated that, if the situation is not fixed you will consider him in breach of the lease and you will be free to move.

Now, if you move he could sue you for the balance of the lease. So you really need to get proof that the smoke levels were affecting your health.