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If a neighbor is being exposed to second hand smoke in an apartment complex and the other party doing the smoking is doing it in a way that breaks the lease, could that be grounds in Texas for the tenant being exposed to that smoke to break the lease with the leasing office?

I am speaking of a scenario where the leasing office has verified that the smoking policy is the same for all leases.

Let's say the leasing office has been notified but the behavior continues.

Any case study out there comes to mind for the state of Texas?

  • Did you notify the leasing office of the violation? Did they choose to ignore it, or tell you that it isn't a problem? How do you know they are breaking the lease (maybe they have a different lease)? – Ron Beyer Mar 8 at 22:27
  • @RonBeyer, I will add the answers to your question in the OP. – Daniel Mar 9 at 2:23
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    Since this does not answer your question, I will leave my thought as a short comment. If the property is non-smoking it is the landlords obligation to enforce this. If a landlord is not doing their obligation, by not enforcing a rule that may be a large part of the reason you leased, your likely able to get out of the lease. A lot would depend on what part the non smoking plays as a promise to perspective leasers. Is it an advertised thing, or does the landlord have non smoking in a lease so they don't have to paint so much. – Jon Mar 10 at 14:56
  • @Jon, this is an excellent analysis. It is not advertised as non-smoking. – Daniel Mar 10 at 15:36
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Unless the "other party" in this scenario is you or your landlord, how can they be breaking your lease?

Your lease is the one between you and your landlord. Your landlord is not smoking in the building (I presume) therefore they are not in breach of the lease. Unless your lease says your landlord is responsible for the actions of the third-party who is smoking, then your landlord is not in breach for that either.

There is only a breach by the landlord if they are doing (or failing to do ) something they are prohibited (Required) to do. If another tenant is breaching their lease then that is a matter between them and their landlord.

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  • Got it, so a third party's lease violation which becomes another tenants nuisance, is not a breach of contract between the tenant being affected by the nuisance and the landlord as a result of a lease violation on the third party causing the nuisance. But I can't help but wonder, those stipulations in the lease that are not to be violated was originally created so as not to become a nuisance to another tenant, otherwise why would the landlord care to put it in the lease? – Daniel Mar 9 at 6:51

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