Cigarette smoke in my apt . Should I be let out of my lease or transferred?

[Kristine21]

The neighbors living below us smoke basically nonstop and it is coming into our apt. It smells terrible and makes it hard to breathe, I have asthma. Our apt manager says they have the right to smoke as these apts have not been deemed non Smoking. Is it within my rights as a renter to be transferred to another apt without being charged or to break my lease and move elsewhere without being charged as our apt manager stated they can not make the neighbors stop smoking in their apt? Do I have a legal case here and can I take some sort of action

 

[Michael Wechsler]

The neighbors living below us smoke basically nonstop and it is coming into our apt. It smells terrible and makes it hard to breathe, I have asthma. Our apt manager says they have the right to smoke as these apts have not been deemed non Smoking. Is it within my rights as a renter to be transferred to another apt without being charged or to break my lease and move elsewhere without being charged as our apt manager stated they can not make the neighbors stop smoking in their apt? Do I have a legal case here and can I take some sort of action

Your apartment manager would be wrong in my opinion. First of all, you'll want to take a look at these:

Minnesota Department of Health: Freedom to Breathe in Rental Apartment Buildings

Minnesota Clean Indoor Act

I don't know if the above covers the situation. Let's say it doesn't. There are two issues - your landlord and this other tenant. If it was me, I might write a certified letter to both my landlord and the tenant. I'd state that the second hand smoke of another tenant of theirs had invaded my apartment on a continuous and regular basis. It has caused me to be unable to live in the apartment safely, especially since I have asthma.

Tenants typically have a choice of "self-help" which would be to tell the landlord that you will purchase an air filter and deduct it from the rent. I don't know if that will help at all. You probably don't want to do this because the smell is still probably going to be unbearable.

To continue with the letter, I'd state that as the landlord has stated they will refuse to remedy the situation, if the tenant refuses to stop smoking as a result, I will be moving out of the apartment at earliest possible time due to the unsafe living conditions and the trespass on my property and shall be vacating by X date.

I'm not saying that this is a bullet proof defense but I would be very surprised if a landlord took a case like this to court, especially if you have proof that you were "constructively evicted" from your apartment, which is a legal term for saying something caused you to leave your apartment against your will.

I'd be wary about getting my security deposit back if you pay for a month's rent and hope to have a check mailed to you. It is something you might want to think about with regard to paying rent and vacating. Best of luck to you with this.

 

[mightymoose]

Have you already asked about moving to another apartment?

 

[Michael Wechsler]

An even better question to ask...