What to do if when I leased my apartment, it was advertised as a non-smoking property but it’s not?

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What to do if when I leased my apartment, it was advertised as a non-smoking property but it’s not?

In addition, all properties subsidized by Seattle Housing Authority are to be smoke free and protected under the Federal Americans with Disabilities Act. However, there has been continual smoking that fills the entire hallways and enters my apartment to the point of me becoming very ill and not being able to use the front room or be in the unit at all at times. Though the management has been made aware of this situation and has spoke with neighbors, the smoking has continued. As and emergency measure I attempted to seal off the half inch draft space between the wall and carpet I share with the smoking neighbor but other draft spaces and open areas make it impossible.

Asked on January 2, 2013 under Real Estate Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) If the landlord (or its agent) represented to you that the property was smoke-free and that representation was a material (important) part of the reason you leased the property, then the fact they misrepresented (lied) about that may give you grounds to rescind (terminate) the lease without penalty, though before attempting to do so, you should consult in detail with a landlord-tenant attorney, to make sure you can do so safely.

2) If the property should be smoke free because it is subsidized by the Seattle Housing Authority, you can report the situation to them and see if they take action for force the landlord to make it smoke free.


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