Legal Question in Real Estate Law in Georgia
Apartment Lease question
I am a non smoker, smoke itself gives me severe headaches, upset stomach and sinus infections. When we moved in I was under the assumption that tenants had to smoke outside, however the people below and behind me smoke so profusely it enters our apartment and is making me ill. We've contacted the manager and they said there's really nothing they can do. Is it possible for me to break the lease and not have to pay the fee (2 months rent) due to health issues? We want to move out before my health gets worse but we have several more months to go with our lease.
1 Answer from Attorneys
Re: Apartment Lease question
Some level of nuisance (smoke, noise, etc.) is part of apartment living and "assumptions" about such things as smoking are not really relevant. The complex is generally not responsible for extra-sensivity to a particular condition, but we cannot speculate about the level of smoke. Maybe you can ask to move to another unit. If they don't bend, you'll have to decide whether it is worth the termination fee to move.
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