Q: Can I break my lease due to unhealthy conditions?
My apartment complex claimed to be smoke free. On a daily basis, cigarette and marijuana smoke come into my apartment from neighboring apartments. I let the management know, but it is still happening. This has been affecting my health as I do not smoke. Can I break my lease without penalty? Is that a strong enough reason to break the lease? I bought air purifiers, used weather stripping tape to seal the doors, but the smoke seems to be coming through the walls.
A: You may be able to force the apartment complex to let you out of your lease, depending on how bad the situation is and how definitively the apartment has prohibited smoking. You may have a harder time proving that the situation exists and is dangerous to your health than you think. The process for breaking the lease "penalty free" can also be difficult, often requiring the filing of a lawsuit, accrual of attorneys fees (which you may not recover fully), and months of waiting and negotiating. I recommend determining whether the hassle of going through that process is worth not paying the penalty they likely offer to get out immediately and calling an attorney to discuss further.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
