Legal Question in Landlord & Tenant Law in Pennsylvania

Leaving an apartment due to smoke infiltration

I am currently living in an apartment that is surrounded by heavy smokers. The smoke is so bad that I cannot keep my 4-year old daughter or myself breathing second-hand smoke any longer. When I first moved in it was not disclosed to me that there was a problem with the smoke coming in but I found out a couple of weeks later that it was bad in my apartment and that the previous tenants complained on a weekly basis. They have tried to work with me on fixing it but it hasn't helped. I have tried EVERYTHING and I just can't live with the smoke. I received a lease to sign but have held on to it to see if I could deal with the smoke. If this lease isn't signed by either party, am I still obligated? It is really bad. Is there anything in PA law that states the lease is valid if I have lived here for a certain amount of time? The lease start date is August 1st. I can't even open the windows without smoke coming in all sides. I am concerned for my daughter's health as well.


Asked on 8/22/07, 11:11 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: Leaving an apartment due to smoke infiltration

If you don't have a signed lease you may have an out.

Also if they knew there was a problem and didn't disclosure you might be able to use that as a way to break the lease.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 8/23/07, 12:18 am


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