CanI terminate my lease early due to health issues caused by the premises?

I live in an apartment and I have cigarette smoke entering my apartment somehow. It’s affecting my health; I have asthma. My doctor advises me to leave. This has been going on for 3 months now and I have 3 more to go. Can I move out and not be sued for the reaming balance of the rent since I gave them a note from the doctor that states that this is dangerous to my health?

Asked on December 11, 2011 under Real Estate Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. Some local communities have ordinances prohibiting second hand smoke from entering another person's rental unit and if that happens, the landlord is required to fix the problem. If not, then the tenant may be entitled to end the lease as a result.

I would call your landlord about the issue about the second hand smoke coming into your rental to see what can be done and follow up with a letter to the landlord confirming the telephone conversation.

If the landlord cannot solve the problem, you need to carefully read your written lease to see if you are entitled to terminate your lease as a result of the problem you are writing about. I would also consult with a landlord tenant attorney about the problems you are having with the cigarette smoke entering your apartment.

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