How do you get out of an apartment lease?

Question

When I moved in my building it was a smoke-free building. Now the owners have changed and the neighbors smoke in the halls and it seeps in under my door into my apartment. The neighbor above smokes on her balcony all day so I cannot have my windows open. I have terrible asthma and the smoke is affecting my breathing. Is there any way out of this lease? It doesn't end until March.

Answer 1

actually, you may not be "stuck" if you can prove medically that you have asthma and were told the building is /was smoke free. If there are new owners that allow smoking and it affects your health, i'd write the landlords stating such and see how they react. If they continue to allow it i would give notice and vacate and file in small claims court (very inexpensive) if they try to enforce your lease. Plus i'd be suing for loss of habitat, health problems, and you can claim the unit is uninhabitable due to the smoke. But make sure you get something from your doctor and aren't making anything up. As it sounds, you have a good case; if you are fibbing on the asthma/health problems the court will not like that. Good luck--and yes, check your lease for any smoking/no smoking  clauses.

Answer 2

Does your lease state that the building is smoke free? If so, the landlord is in breach.

If not, there is no breach of your lease and you are stuck.