Exposure To Cigarette Smoke As A Basis To Break A Lease

**hoffman1073** · 08-18-2006, 05:03 PM

i currently live in an apartment in upstate new york and would like to get out of my lease for what i consider a health issue...my neighbor that lives below me smokes (like a chimney!) and the smoke makes its way into our apartment eventhough we have our windows shut...to me this is a serious health risk for my fiance(who is pregnant) and our 2 children...i called my rental office a couple of times and explained that we get a ton of second hand smoke in our apartment and they said that there is nothing that they can do, they cant ask the tenant below to not smoke in their apartment, and that is not what im looking for...i asked them if we can break our lease without paying a penalty due to the fact that it is a health issue and they said no...we do not have alot of money as it is, and they said if we decide to break the lease the penalty would be that we have to pay 3 months rent after we are gone, plus lose our security deposit...so, i need to know if i have a legal reason to break my lease due to the unhealthy living arangements? please help!

**Mr. Knowitall** · 08-23-2006, 10:34 AM

Have you looked into the possibility of moving within your apartment complex?

**hoffman1073** · 08-23-2006, 09:42 PM

that has been thought of, but to be honest we really dont want to stay here any longer...they are less than attentative to their tenants needs and it really is not a relationship that we want to continue any farther than we need to...thats why i wanted to know if i had a legal reason to get out of the lease due to the health issue...

**Mr. Knowitall** · 08-23-2006, 10:07 PM

Probably not, particularly if the problem is your hypersensitivity to smoke.

**THEAMAZINGCHAN** · 08-24-2006, 04:38 AM

Chan thinks you are unhappy with your apartment community. you are looking for a way out. you found something you think my give you a leg up in moving without penalty. when it was suggested that you look for a new place "within the same community" and you said you don't like it there. so even if the person below you moved out you still would not like living there. it is obvious to Chan that it is not the smoke, it is your basic displeasure and that does not entitle you to break a lease.
i have only one question do you share any air handling equipment? is your heat and air conditioning a self contained unit? Chan once lived in a shared duplex home that was converted into apartments. these units had the same air conditioner. intake vents were in all units and in that case a health issue would be prevalent. however you seem to live in a commercial complex with each unit having their own system.

Chan thinks you should close your windows and turn on your environmental system.

**hoffman1073** · 08-24-2006, 09:43 AM

we really are not looking to just get out of the complex, when i say that we would rather leave it is because the management does not get back to you for a week or more if you do go to them with something...on the whole smoke concern, i have called them 3 times and only received one call back...
and as far as using our air conditioning and keeping our windows shut, we do...but smoke still makes its way into our apartment and that is the real issue...i have asked if there is something that they can do with the apartment below us and they say that there is nothing that they can do...to me, that seems rediculous cause the smoke is getting up to our apartment somehow...
we all know that second hand smoke is a killer, and me and my family should not be put into harms way just because the management of the complex does not want to take care of the problem...

**THEAMAZINGCHAN** · 08-25-2006, 06:09 AM

have you called your local health department?

**hoffman1073** · 09-04-2006, 08:03 PM

no, we have not yet contacted the health department but that is a good idea...i really just want my family to be safe, that is what is important to me right now...i guess if i have to pay the penalty to break my lease then so be it, money isnt everything...