Landlord Question and Answer Forum

I am in NH. My leases say no smoking. One tenant is threatening to break the lease because the neighbors downstairs have five smokers in the house and its bothering her. Are there detectors that can be placed in the 2nd floor unit to measure how back the levels of 2nd hand smoke are up there? It does smell a bit smoky up on the 2nd floor. I think she is intent on leaving, don't really want to start an eviction of the 1st floor tenant, but what would you do. Are there any readers available for purchase that measure the levels of 2n hand smoke upstairs?

Number one, do you own the downstairs, if so get those smokers out, they are breaking the lease. There is no unit of measure on how bad this may be for an upstairs apartment and the renters health but would you want to live in that situation? If you cannot get the smokers downstairs to quit, then let the tenant out of the lease on the top floor and consider fixing this issue before you get a new tenant. You cannot keep a tenant on a lease if it is not a safe environment. As a good person figure the best way to remedy this quick or release the tenant from the contract and eat the losses. It stinks but how the property and building is managed is all part of how valuable your unit is. If you keep losing tenants because of this you may want to consider a sale or some other method to make sure that the smoke is not permeating through the walls, which it will. The best idea is removing the bottom unit. Not only are the neighbors downstairs ruining the peaceful enjoyment of others but they are destroying your property.

Posted by Justin R, IL on Wednesday, March 4, 2015

Agree with Justin on this one. Get the smokers out!

Posted by Bill L, NJ on Saturday, August 22, 2015