Is heavy smell of cigarette smoke (and just last night, could be pot) a valid reason to get out of a lease?

Im renting an apt now in a 3-flr building (4 units per floor) and signed a 1yr lease in sept 07. Im worried about "second hand smoke", i bought air purifier which is on almost 24hrs but still the smell of cigarette smoke is still bad (i am very much aware that WE CANNOT DEFINITELY tell all tenants to stop smoking :) ). Do you think this is a valid reason to get out of the lease if i DECIDE to move out first quarter of 08?

The only place I know of where this would be legal grounds is Dublin, CA. It is illegal there to smoke in an apartment, as the smoke can enter other apartments.

There may be other cities like that, I just have not heard of them. You would have to find a law or ordinance supporting you if you want to get out a lease for this reason.

No it's not.

If you think you smell pot, just call the police, that usually takes care of itself.

You would actually have to get the air tested by a professional and a physician to claim that you are in an ACTIVE state of LUNG damage, before the landlord has to let you out of your lease.

It depends on your state and the rules about smoking in the apartment building. If it is a non smoking building (yes, there are such things) then the lanlord has a responsibility to stop the smoking.

If it is pot, call the police.

No, this is not a valid reason to terminate a lease. If you didn't care for cigarette smoke or similar, you should have obtained accommodations in a smoke free building.

In any other type of building, residents are allowed to smoke as they choose.

That is not a valid reason at all. Look at your lease, it could be a small fee to break your lease

I would think an argument could me made against persistent "foul odours", or toxic fumes, and depends on where u are, you may be able to get out of living there. But beware ever again moving into a building that permits smoking. At my home everyone smokes outside and there is no problem with smells in everything. Smokers find they smoke quite a bit less if they have to go outside.

No. Unless you live in crazyfornia. They're the only state in the union that has banned smoking in residential apartments.

Of course, if you're in Crazyfornia and you're smelling pot, it could very well be medicinal marijuana. Be a bummer if you ratted out a grandma who was trying to get her appetite back after a chemo session to the cops.