أسئلة وأجوبة
Terminating a tenancy contract by a tenant because of smoking neighbors
Hi,
I have spent just 1 month here in my new apartment with my wife and my 6 months old baby. Our neighbor is smoking inside their flat and the smoke comes inside our flat. We have already complained about it to the management and the management keeps only warning them.
I have a baby who is at risk for smelling cigarette smoke and we've found out that the tenant has many complaints already. The management seems very soft to them. Are we allowed to break our tenancy since the management fails to control them?
I think they have a friend who is a senior manager of the building and that's why they keep on doing crazy things without eviction.
Can we terminate our contract for this reason since we have a baby?
Dear questioner,
Unfortunately, you cannot do anything except complaining them to the management, why? Because, basically, you cannot control or force the other tenant for what they should do inside their apartments.
If they smoke in your side, your apartment, you have the total legal right to sue them. But in your situation, you can breach the leasing contract due to that but maybe the judge will not be on your side.
