The tenants in the upstairs apartment are smoking in the basement and it is

[Kristin]

coming up through my vents.? It is mostly coming up through the vents in my 10 month old daughters bedroom and the living room. When the heat kicks in it goes throughout the entire apartment. I told my landlord about this and he said he would talk to her. It's 5 days later and she is still smoking down there. If the landlord chooses to do nothing about this, Does this void the lease?

 

[kita]

Call the landlord again, and again. If they keep doing it, I wouldn't care if I broke the lease or not. I would be livid if I had a 10 month old and smoke was coming in my house.

You should get some legal advice if possible. It depends on how the lease is written.

 

[slrussell1999]

Yes, it depends on how your lease is worded. If your daughter has health issues like asthma, then this is a health hazard. Put any complaints in writing to your landlord. Read your lease and look for something called a default by owner/landlord clause. I have used this several times to get out of my lease without penalty. I am going through something like this now. My landlord is willing to transfer me to another apartment. I am a non-smoker that lives around smokers. Good luck.