Breaking lease for medical condition?

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mattmorrow

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My girlfriend and I have 4 months left of a 1 year lease on a townhouse. Early this month new tenant moved in next door and the cigarette smoke became unbearable. The mgt. company responded quickly but have been unsuccessful in stopping the smoke.

My girlfriend is highly sensitive and allergic to cigarette smoke. she had a mild attack and saw her doctor right away.

I started to negotiate an early end to our lease when we could see that the problem was not going to be solved. I thought we were all on the same page, especially with documentation from a physician but it seems we are not.

They have offered us an equivalent of 60 days rent as an early buy out price. This seems high to me under these circumstances.

Does that amount seem fair? Do we have legal grounds to fight this on any medical condition?

The lease has no early out option and there is no mention of smoking.

Thanks in advance, Matt
 
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