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.


Asked on 2/24/09, 3:47 pm

2 Answers from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

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.

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Answered on 2/24/09, 3:51 pm
Michael Hendrickson Law Office Michael E. Hendrickson

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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Answered on 2/24/09, 4:03 pm


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