Can one tenant consider breaking the lease on the part of management if a neighbor violates smoking policy in Texas?
<p>If a neighbor is being exposed to second hand smoke in an apartment complex and the other party doing the smoking is doing it in a way that breaks the lease, could that be grounds in Texas for the tenant being exposed to that smoke to break the lease with the leasing office?</p>

<p>I am speaking of a scenario where the leasing office has verified that the smoking policy is the same for all leases.</p>

<p>Let's say the leasing office has been notified but the behavior continues.</p>

<p>Any case study out there comes to mind for the state of Texas?</p>

<h2>Unless the "other party" in this scenario is you or your landlord, how can they be breaking your lease?</h2>

<p>Your lease is the one between you and your landlord. Your landlord is not smoking in the building (I presume) therefore they are not in breach of the lease. Unless your lease says your landlord is responsible for the actions of the third-party who is smoking, then your landlord is not in breach for that either.</p>

<p>There is only a breach by the landlord if <em>they</em> are doing (or failing to do ) something they are prohibited (Required) to do. If another tenant is breaching <em>their</em> lease then that is a matter between them and their landlord. </p>

landlord texas tenant