[Tenant US-IA] Advice terminating lease without penalty due to secondhand smoke and impact noise from downstairs neighbors

What I find strange is how it doesn't say that smoking is allowed anywhere, and it doesn't say 'indoors', it says, 'in condo'. The craigslist ad posted for the unit also lists it as 'NO smoking'. The tenants also told the landlord that they do not smoke. The response from the tenants was that they just thought that was what the balcony was for.

I'm not sure if the landlord would have leased to them under the condition they only smoke on the balcony if he knew. I also wonder if since english is not the landlord's native language, if the lease was written in a way that they did intend for the patio to be considered part of the condo. But since the tenants have kids, I do wonder if the landlord is hesitant to fight the issue, or maybe he just doesn't care enough to go through an eviction process unless enough complaints have been filed.

I realize I am likely coming off as super whiney; however, can't foresee tolerating these issues (primarily the smoke) for the next year without losing my mind - the smell honestly makes me feel sick.

I made an edit above about how the neighbors truly seem to be slamming doors on purpose, and that removes any desire to try to work this out in a civil manner with them. Even if they smoked half as much as they do now, that is still pretty much all day, and will still stink up my patio like an ash tray. It's also me against an entire family, who are quite blunt from the loud conversations I can't help but overhear from their patio hangouts. So I feel the most civil way is going through the landlord, as much as that makes me sound like a pansy lol.

/r/Landlord Thread Parent