I want to leave my lease early due to pot smoke from another tenant getting into my unit.

Asked over 4 years ago - Boston, MA

The landlord does not believe my complaint, and has therefore not done anything to remedy the situation. I feel it's within my right to leave. He is holding me to my lease terms, apparently due to my "unreasonable demands" and for "not being particularly sweet" about my complaints and requests. Help.

Attorney answers (2)

  1. Alan Stanford Fanger

    Contributor Level 9
    Best Answer
    chosen by asker

    Answered . Thanks for your question. I am of the belief that if the landlord has not taken steps to restrain the tenants from engaging in illegal drug use, you may validly terminate your lease on the grounds that the landord has interfered with your right of quiet enjoyment of the apartment. However, in order to minimize the risk associated with this (that risk being a lawsuit by the landlord for rent), I would recommend that you have several disinterested witnesses corroborate your observations about the pot smoke. These witnesses should be people who come across as being extremely credible, and who should anticipate possibly having to testify at a court proceeding. If you would like to discuss this further, please be in touch.

  2. Christopher W. Vaughn-Martel

    Contributor Level 17

    Answered . It is certainly possible to break your lease if you wish to do so. But when you breach the terms of your lease agreement, you expose yourself to liability. For example, you may be liable to your landlord for the remainder of your lease term. You may also have certain defenses and counterclaims as a tenant. You would probably benefit from legal counsel in successfully navigating this situation and limiting your exposure. As a start, your lease agreement should be reviewed carefully.

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