Should I hire a lawyer? Prior tenant smoker

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Sunnyd8877

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Arizona
I signed a lease on a new apartment and the previous tenant was a smoker. I love the unit, but the smoke smell made it hard to breathe. There was tar dripping down the walls and it was obvious the landlord did nothing to clean the unit up prior to me signing the lease. (I had to get renters insurance, switch my electricity & sign my lease before they would give me a key.)

I wanted to honor my lease and tried to air out the apartment. I even paid $400 to get ducts professionally done~ it was cheaper than breaking by lease and the fees associated with it. I took pictures of the tar covered walls and vents. After two weeks, I verbally complained and management told me to open windows and air out the unit. He claimed the smoke was not really that bad and I had a "sensitive nose."

Finally I gave the landlord a written letter explaining That the tar and smoke smell was not a healthy condition for me and asked them to help me fix the smell. I have a voicemail from my landlord asking me to stay off the premise for 5 days. They were going to repaint everything with kilz and use an ozone machine.

I asked for prorated rent for those 5 days I was off premise and they looked at me like I had six heads.

They repainted everything except the bathroom (Which still has tar covered walls.) The second I took a shower, the whole apartment filled with smoke.

I can't afford to break my lease, but I can't afford to continued to fix the smoke smell. I have done evetyting in my power to honor my lease.

Should I hire a lawyer? Do I have any rights? What should I do?
 
You are free to hire a lawyer, or even a law firm.
You have the rights and obligations as listed in your lease.
You failed to properly examine or inspect the premises BEFORE signing the lease and taking possession of the premises.

If you want out of the lease early, you can discuss that with the landlord. It'll cost you something. The landlord can tell you how much, you are free to counter.

Otherwise, you're stuck with lease you signed, and the bargain you made.
 

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