Smoke from neighbor coming from vents

[momof2a]

I moved into an apartment 2 months ago and the smoking here is bad. Not only does everyone smoke right outside my door, but I can smell the smoke from my neighbors apartment coming through the vents. My landlord says deal with it, but I have a new born and a 3 year old and I am worried about their health! It seems my only option is moving, but how can I legally get out of my lease because of these unhealthy living conditions?

 

[army judge]

I moved into an apartment 2 months ago and the smoking here is bad. Not only does everyone smoke right outside my door, but I can smell the smoke from my neighbors apartment coming through the vents. My landlord says deal with it, but I have a new born and a 3 year old and I am worried about their health! It seems my only option is moving, but how can I legally get out of my lease because of these unhealthy living conditions?

Unfortunately, you have no law that supports your position.

I am unaware of any state that treats second hand smoke form a neighbor as an unhealthy condition, so that you can use such a condition to break your lease.

You could ask your landlord how much it would cost you to get out of your lease, because the second hand smoke is harmful to you and your child.

It might fall on deaf ears and a cold heart, nevertheless, it won't hurt you to try and appeal to your landlord's better nature!

 

[mightymoose]

It doesn't hurt to ask the landlord. If the landlord can find someone to take your place and the apartment does not go empty, then there is really no reason not to let you out of the lease. In fact, you can take it upon yourself to try and find a new tenant willing to take over the apartment....so then you can approach the landlord with your situation and at the same time provide a solution that makes it nice and easy.