break of lease

I have been living in my apartment for 4 months now. The problem is that the
woman below me smokes cigarrets and my entire apartment smells like it. I
told the land lord and they adviced me that it is legal to smoke in the
apartment and to cover these two vents that would bring it it, so I did
that. It did not work and also I am unable to open my door or window because
they smoke so much it comes right into my apartment and its hard for me to
breath. I need out of this lease what can I do?

Forgot to mention that this is in new jersey

Does your lease guarantee you a non-smoking unit? Are you in a non-smoking building? If not, there may be little you can do. As the LL stated, it is not illegal to smoke in one's own unit. If you weren't guaranteed a non-smoking unit, then he is not violating the agreement.

Perhaps you could ask him to move you to another unit where there would be no smoke?

In future, make sure your unit and building are listed as no smoking if this is important to you.