Can I get out of a lease due to second hand smoke infiltration?

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Can I get out of a lease due to second hand smoke infiltration?

Asked on November 20, 2012 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, you almost certainly cannot unless the amount of infiltration is so great that the average reasonable person would conclude that the premises are not habitable--so, the smoke infiltration must be considerably more than just noticeable, annoying, or unpleasant--in which case it may be a violation of the "implied warranty of habitability" (the obligation, imposed by law, that rental premises be fit for their intended purpose, such as residence) or if the lease provides that you should have a smoke-free home (in which case this may be a material, or significant, breach of the lease).


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