Q: If I signed a lease where there is no smoking an people smoke can I get out of it with out a penalty
This is the second time Ive renewed my lease an was told there was no smoking on the property any more. People below me smoke inside their home and outside even after signing new lease. Managers have sent notices but they still smoke. I am disabled so are my twins, one of them has a cough I can not get rid of. Ive not paid my rent this month and am at a complete loss here dont know what to do.
A: If you have not paid your rent, the odds are you will be evicted. If you want to avoid that, you need to review everything in detail with a landlord-tenant attorney immediately. You are likely to be hard pressed since even if your lease specifies no smoking on the property, that does not necessarily guarantee that the same provision is in everyone else's lease and even if it is, you have no legal right to directly enforce the lease terms against other tenants. You may or may not be able to force the landlord into enforcing the policy but it will likely be tricky and not a do-it-yourself project. Good luck.
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