Tenants are usually free to break a lease if there is regular secondhand cigarette or cigar smoke in the apartment. Tenants may also be able to 1) recover medical costs from the building owner in some circumstances if the smoke caused health issues or 2) get a court order forcing the smoker to stop smoking indoors. Landlords can typically evict a tenant for smoking in the apartment. Where marijuana is illegal in the state or city, the tenant is likely in violation of a provision found in most leases that prohibits illegal activity...
This is a generic guide to help with typical rental problems. RenterPeace is not a lawyer replacement and this is not legal advice. Please consult an attorney. RenterPeace provides tools and processes used by most tenants to fix most problems. Your situation may be different.
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