QUESTION

What are my options if my roommate smokes heavily in our non-smoking house?

Asked on Sep 24th, 2013 on Landlord and Tenant Law - Massachusetts
More details to this question:
I live in Boston and since I was in a hurry to find a place to live, I decided to sign a lease with my current roommate without asking if she was a smoker. We both signed this one-year lease that just started 4 weeks ago, and I am already having sleepless nights because of the strong smoke coming out of her room and the hallway. Our lease specifically says "no smoking inside the house," but apparently she removed the smoke detector in her room and smokes in there all day and all night. I did ask her to stop, but that did not seem to help. I know that reporting it to the landlord might not help either and would only make our relationship worse. The strong smell has gotten on my clothes, bed and hair and I feel quite sick, even though I keep my door shut 24/7. What are my options at this point? I wouldn't mind losing my security deposit if I could legally break the lease and move out. If I have to stay and the smoke damages the walls and carpets, will I be responsible for them? If the landlord sues at the end of the lease because of the smoke, will I be responsible even if I am a non-smoker?
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1 ANSWER

This is a direct breach of your lease. Removal of a smoke detector is a very serious matter. You might want to consult with a lawyer about having her evicted, but I think that you would be wise to reach out to the landlord about the smoke detector removal.
Answered on Sep 24th, 2013 at 1:43 PM

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