Question about getting out of a lease?

Started by scoots

over 16 years ago

Posts: 327

Member since: Jan 2009

Discussion about

A dear friend recently signed a rental and the apartment below her as a serious smoker and her apartment smells so badly that she can't sleep and is having asthma symptoms. She's asked the landlord if she could switch to a different unit and the landlord agreed but its never materialized, despite the renter asking for 3 full months. How can she get out of this lease? Thanks!

Response by julia

over 16 years ago

Posts: 2841

Member since: Feb 2007

she needs to speak with a lawyer, not to sue, but to read the lease for her and see if it contains any clauses about smoking smells, health risks, etc. The real estate lawyer can also advise her how to proceed with the LL.

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Response by ab_11218

over 16 years ago

Posts: 2017

Member since: May 2009

you can just browse NYTimes for 'warranty of habitability clause, i think. there was an article/question not long ago that dealt with this topic and an attorney answered.

approx 1/3 down in this article
http://cityroom.blogs.nytimes.com/2008/01/31/answers-about-tenant-landlord-issues-part-5/?scp=5&sq=habitability%20rent%20smok&st=cse

this one about pot smoke
http://www.nytimes.com/1998/02/15/realestate/q-a-506389.html?scp=3&sq=habitability%20rent&st=cse

Question about getting out of a lease?

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