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?

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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 8 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.


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