Can I break my 1 year lease without loosing my security deposit if I want to move out because I get sick with the marijuana smell through my vents?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I break my 1 year lease without loosing my security deposit if I want to move out because I get sick with the marijuana smell through my vents?

I’ve approached her for the 3rd time. I simply asked if she could do it at least away from the vents. When I first moved in I asked if my landlord if she smoked and she said no. I only asked because I get ill from smoke. I smelled it again that very night and texted her that “I still smell it” hoping she would put it away but she got defensive. She said this it is her home and that I breached my contract when I forgot to take the trash out the other week and for having a hamster when the contract only permitted 1 pet. Will I loose my deposit if I want to move?

Asked on August 18, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Under local statutes of various states your landlord may be required to remedy the marijuana smell from an adjoining tenant into your unit within a reasonable amount of time after being placed on notice and if he or she cannot do so, you may be able to end your lease early without recourse.

I would write the landlord the need to do so by a certain date. In the mean time, consult with a landlord tenant attorney to confirm what your legal options are.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption