I live in an apartment in Georgia and the tenant above me is smoking a lot of marijuana every day and has been doing so for the last three months. While inside the apartment, I continuously experience health issues because I seem to be more sensitive to the fumes than the average person. This evening, for example, my resting heart rate within the apartment has been consistently hovering over 100. I suffer under the symptoms even when the fumes are very weak and barely noticeable. The fumes are entering my apartment through the HVAC system even when the system is turned off, my windows are open, and two air purifiers are on. I spend virtually every day in my apartment for almost the entire day.
Steps Taken and the Current Stage
I'm 33% through my 12-month-lease that I signed with my roommate and my roommate refuses to break the lease even if I pay for the termination fees. Upon complaining to the smoker, the smoker denies everything. However, the fumes could be smelled from his windows when he used to have them open while smoking. Ever since I complained, the smoker has been shutting his windows. My roommate and I have complained to the management company in writing but it seems that they are afraid to do anything, possibly because of potential legal repercussions from the smoker. I have called the police twice, but they arrived 30-60 minutes after the smoking occurred and the smell had already faded.
When the smoking occurs, I also notice several red bars appear on my air purifier air quality indicator. Many samples of my resting heart rate with a sensor reveal that it is 65-75bpm when outside the apartment and 80-110bpm when inside the apartment. My roommate smells the marijuana fumes too, but is not as sensitive to the fumes as I am and only experiences a subset of my above symptoms at a much milder level. The tenant above the smoker also notices the fumes, but only barely.
Is it possible for me to break the lease?
Is it possible for me to sublease, even if my roommate disagrees with every person I choose for the sublease? (postponed for another question)
What is the recommended action for me at this stage?