Q: Can I get out of a lease on the grounds in the details? I am 5 months into this 12 month lease.
I have recently started smelling tobacco smoke in my apartment. It has been causing me to wake up with a headache, and coughing. I emailed my landlord about it and she replied saying " Unfortunately the lease states there is no smoking within the towers, I cannot control what each resident does in there unit. I will try to see if a threshold can be added to the suite door." Is there anyway I can get out of the lease for this?
A: You can only get out of the lease if landlord will agree. Your lease probably does not require landlord to take action if there is smoking. You could pay your rent into escrow with the local court, and the court will hold a hearing to determine if there is anything landlord can do. Check the court web site for the rent escrow forms and process. You could try to negotiate an early termination with the landlord on whatever terms landlord will agree, but landlord does not have to agree, and if you move out, landlord can sue you.
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