Asked in Real Estate Law and Landlord - Tenant for Pennsylvania

Q: I rent and the tenants above me have been smoking indoors. The smoke odor is coming in to my apartment through the vents

I have reached out multiple times to the leasing office, but they have not helped. It's becoming unlivable for me - giving me a constant headache - and the smell is seeping into my furniture and clothes. What can I do?

2 Lawyer Answers
Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: Your best bet is probably to move at the end of your lease. If your lease goes for an extended period, see if the landlord will allow you to leave early without a penalty.

Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: You need to read your lease. If you rented a smoke free premisis, you have a material change in conditions. If it wasn't smoke free, then the fact it becomes something undesirable but permitted by law is a question that will depend on the working of the lease.

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