breaking lease early on medical grounds ?'s

My girlfriend and I have four months left on a 1 year lease on a townhouse. We have new neighbors that are heavy smokers and my girlfriend has severe allergies and had a mild attack. The mgt. company addressed the problem quickly but have been unsuccessful in eliminating all of the smoke. The attack and allergies were documented by a physician and this was delivered to the mgt. company. We have tried negotiating our way out of the lease on medical grounds because we just can't live in those conditions. They (company) suggest that they can't smell the smoke so it's all our imagination even insinuating that we are taking advantage of their good hearted attempt to solve the problem. They have offered us a price equal to 60 days rent to let us buy our way out of the lease. Does this seem reasonable? Do we have any legal grounds to fight this for a medical condition? There is no early out clause in the lease and no mention of smoking either way. Thanks in advance. Matt

Your medical conditions are not grounds to break a lease I'm afraid. They are your medical conditions, not a problem caused by your LL. You were free to move to a non-smoking complex. You chose to move into this one. Unfortunately, one cannot pick their neighbor so we end up with inconeniences (smoking, barking dogs, wild parties, etc.)

The LL has attempted to remediate the inconvenience to you. You can negotiate a lease break fee (often equal to 2 months of rent because that is what many courts limit lease break penalties to). Next time, rent in a complex that advertises and puts in their lease a no smoking clause and guarantees you a smoke free environment. Good luck.