If my neighbors downstairs are smoking weed in our apartment and our manager won’t do anything, is that a legal ground to break my lease?
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If my neighbors downstairs are smoking weed in our apartment and our manager won’t do anything, is that a legal ground to break my lease?
Asked on September 6, 2012 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unfortunately, it is most likely not grounds for terminating your lease without penalty: the criminal liability of third parties does not directly affect the contractual obligations (since that's what a lease is: a contract) between you and your landlord. You'd have to show that the drug use renders your premises (your rental unit) uninhabitable (violates the implied warranty of habitability) and/or that it prevents you from using your premises as a residence (disturbs your right to quiet enjoyment) to be able to terminate your lease, and that showing is unlikely, since it is doubtful that their drug use does rise to the level of making your space effectively uninhabitable or unusable.
Reporting your neighbors to the police may be the best alternative.
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