breaking my lease due to landlord not enforcing no smoking policy

By kat

my boyfriend and i are currently in the process of breaking our lease because the landlord has not enforced part of the lease agreement. the problem for months has been that the tenants above us smoke in their apartment or in the hallway in front of our door, and then our apartment reeks of smoke. the landlord added a no smoking on premises rule to the lease but whenever we complain to him that they continue to do it, he does nothing. he has told us that he has to witness it in person. just last week i had a problem with them smoking and he told me he was out of town and to get a neighbor as witness. since then he has still done nothing about it. i don’t even think we should pay him rent until we move out (we have gotten a new apartment but can’t move in until september). since this is a lease violation is there anything i can do like withhold rent, not pay or even take him to court about this? any help i appreciate it!!!

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