Jake B. and his family had signed a one year lease of a condominium unit. However, the unit was quickly and consistently invaded by the smell of both tobacco smoke and marijuana smoke from their next door neighbors. Jake could close all of the windows and doors and still smell the smoke coming into their unit, likely through porous and uninsulated common walls. Jake noticed that some form of foam insulation was sprayed into the common walls in certain corners of cabinets and other areas indicating that the landlord knew or should have known of the unreasonable smoke invading the unit, along with other prior comments of the landlord, who had failed to disclose this material condition prior to the signing of the lease agreement.

Esquire Real Estate assisted Jake B. and his family in negotiating with the landlord regarding the potential breach of the implied warranty of habitability and covenant of quiet enjoyment, as well as potential breaches of the standard lease agreement. In the end, the landlord offered Jake the opportunity to move out of the unit and receive his full security deposit in return for a release of his claims.

You can read Jake’s testimonial about Esquire Real Estate here at our Client Advocates page: Esquire Real Estate, a full service real estate attorney and broker, understands the intricacies of the law and negotiation tactics to provide you the best available service and result for your unique real estate transaction. Please contact Esquire Real Estate for all of your real estate needs.