Legal Question in Real Estate Law in Pennsylvania
Non-smokers rental rights
I rent an apartment in which I have signed a lease that requires 2 months notice to be able to terminate. However the tenants below continously smoke there awful cigarettes causing my asthma to worsen, thoroughly stinking up my apartment and according to the surgeon general causing me cancer along with several other diseases. I was wondering what rights do I have to not inhale there filth, and can I break the lease due to the medical hazards. When I initially signed the lease I was unaware of the extent of the problem.
1 Answer from Attorneys
Re: Non-smokers rental rights
A landlord is required to provide a habitable abode. Sanitation is a necessity. If the smoking is as bad as you say, I would imagine this would qualify to break your lease.
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