Perfect 2BR next to Hospital

JY is manager. Upon moving in, tenant downstairs is a heavy smoker and my place upstairs was smoky. I immediately told him the problem, he made a phone call to the tenant to stop smoking and she denied smoking and continued smoking throughout my stay here. Per contract, it is a non-smoking residence with my contract and hers. The next day J came over and stated "the smell wasn't that bad". I told him I would let him know if she continues to smoke and shouldn't smell Smokey at all. J was informed of more smoke January 1,(my date that rent was due)he said I was complaining too much and getting tired of my text messages. He called me a kid for complaining, insisted that I move elsewhere.tried calling him to clarify, did not respond to my calls.Jan 3 we had a in person meeting and he said I can leave within 2 weeks and he will prorate my rent from $1000 security deposit and not keep the rest. Day after, I told him I'm moving and he says he's keeping it. J refused walk through.