Do we have any way to break our lease since the landlord has not in fact fixed the issue and we continue to have problems?

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My husband and I rent an apartment in Denver and have had recent problems with the neighbors below us. They smoke marijuana frequently and it's leaking into our apartment, causing headaches and a constant odor saturating our belongings. We spoke with the rental office, and they said they don't allow smoking and would deal with it via written notice. After reading the lease, I see that there is no mention of smoking in the apartments. We asked to be let out of our lease early because this is causing problems for us and the property manager refused. We also continue to smell it frequently, despite the assurance by the tenants below us that they have stopped.

Attorney Answer

1
Robert Murillo ·
Sorry, but you cannot just walk away from your lease without penalty based on your facts. If your lease provided that any smoking by neighbors allowed you to terminate the lease you would be in a great position. It does not provide that. You will have to try to get the community to enforce this or you could possibly sue them for damages (which will not be easy) but that would not let you out of your lease.
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