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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.


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 with SHA-256 Encryption