I have allergies that are aggravated by exposure to secondhand
cigarette smoke.  I just moved into a small apt. in Emeryville, CA (a
22-acre complex on SF Bay) and it turns out that my immediate
neighbors are chronic smokers.  They come out on their balcony as
early as 5.30 am, late as 11 pm, to feed their habit -- and the smoke
wafts into my living space.  Even with my windows closed the smoke
seeps in, and my allergies make me suffer.  According to the condo
association, there are no rules to prevent my neighbors from using the
balconies that face our shared court yard.  (There is proposed
legislation before the Emeryville City Council for a Tobacco Control
Ordinance that would deem Multi-Family Common Areas as 'smoke free' --
but I can't wait for City Hall.)

If I had known about the smoking habits of my immediate neighbors, I
would never have rented here. Is this a failure of disclosure on the
part of the property manager?  Does the health threat allow me to
break the lease without damage to my credit rating?  I can't find a
Tenants Union in Emeryville, although Berkeley and Oakland have them. 
What online resources can help me escape this place?

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Clarification of Question by armsandman-ga on 11 May 2006 06:59 PDT

None of the units in the complex have air conditioning or
cross-ventilation.  I've tried activated charcoal filters to reduce
the odor (not very successful) and the smoke irritants remain in the
air and my allergies persist.

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Request for Question Clarification by weisstho-ga on 11 May 2006 11:06 PDT

GAR's:  "Private Nuisance"

You ask about whether you can get out of the lease because the
landlord did not disclose that smokers would be your neighbors.  There
is no way that the landlord is responsible for notifying you of the
habits of your neighbors.  If you have allergies to smoke, then it is
incumbent upon YOU to ask the prospective landlord before you sign
anything whether or not any of the neighbors are smokers. If you have
severe allergies to smoke, then it seems like it would have been
reasonable for you to ask about this. It's not the landlord's fault
that you forgot to ask.  A lease is a signed contract.  As long as
there was no misrepresentation and nothing illegal is going on, then
you don't really have a case to just walk away from the lease. 
Perhaps you should speak to the landlord about options that they would
consider for you leaving such as subletting or paying a fee and
leaving, etc.

I did ask the property manager about exposure to smoke, and expressed
my concern about my allergies.  The previous tenant had been a smoker,
and the apt. had been remodeled to remove the smoke contamination: new
paint, new carpet. etc.  I inspected the balconies of my neighors,
too.  No ashtrays, no evidence that smokers lived next door.  Short of
interviewing the neighbors, I think was common sense due diligence.

I think you're right, the property manager is not liable for the
behavior of the neighbors, and it is unlikely she knew.  But she was
never 'available' to show me the unit during evening or weekend hours,
either.  Makes me wonder.

This is the third time I've rented an apt. in this wonderful
community.  Past experience told me that most people here are health
oriented and polite.  My mistake to assume the best.