I live in NY. My downstairs neighbors have been told because of my respitory problems and the fact that a newborn lives here not to smoke cigarettes or weed in the house because the smoke/smell does come upstairs. Over the last week alone there has been at least 3 different times when the smell (of both cigarettes and weed) has come in to my apartment. I have spoken to the landlord numerous times but it's her boyfriend and son that live downstairs so I'm pretty sure my complaints are being ignored.

My question is under these circumstance can we move without giving 30 days notice and still be legally entitled to our security deposit? They have never denied that the tenants downstairs smoke cigarettes or weed but is there any way to document this so that when we move if they try to keep our security we can prove why we had to leave? Also I don't want to get caught up in anything illegal going on downstairs.