Legal Question in Landlord & Tenant Law in Virginia
Cigarette smoke
I live in an apartment complex in
Chantilly, VA. We just transferred
from another apartment in this
complex because of black mold, and
now we moved into one where the
neighbors smoke, and I can smell it
in our apartment. I have two little
children, and I really do not want
them to be exposed to the smoke.
Can I get out of my lease because of
this? We told the office about this
and they said they really could not do
anything.
2 Answers from Attorneys
Re: Cigarette smoke
You might try a friendly letter telling them your situation and asking them to smoke outside. You might need to befriend them and butter them up first (you attract more flies with honey and all that). If that does not work, you might consider consulting a lawyer to work on this.
Re: Cigarette smoke
The factual scenario which you'ved described would be very unlikely to be found to be sufficient under current Virginia law to permit you to break your lease without penalty (in my opinion).
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