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Second Hand Smoke in Florida Rental Apartments

Fort Lauderdale, FL |

we have a neighbor who smokes on the balcony several times a day. Sometimes at 3am. When we keep the windows open in the winter the smell, sometimes very strong, permeates indoors, and lingers for extended periods of time. Rental management has been of no help, even though our lease (at least the one we signed) stated smoking isn't allowed.

Do we have any remedies, either via Florida state or Broward County laws?

Attorney Answers 3


Since it appears based on your lease that your neighbor, the other tenant, is violating the lease (assuming that their lease is the same), you may want to demand that your landlord enforce the non-smoking clause of the lease by telling that tenant to cease all the smoking or move out. If your neighbor refuses to honor the non-smoking clause, it is up to the landlord to take the next step and evict the tenant. You may also argue that your landlord is violating your right to quiet enjoyment by permitting this tenant to smoke. Any communication that you have with your landlord should be in writing as well. You should consult with a real estate/landlord & tenant attorney in your area for further guidance. Good luck!

This communication is for informational purposes only and does not constitute legal advice and does not establish an attorney-client relationship.

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It is highly doubtful that any lease would say no smoking is allowed on the premises. They would typically say no smoking in the apartment unit, which is why your neighbor goes outside to smoke. If you don't like the smoke, you have two options. 1) close the windows. 2) move out.

You might be able to terminate the leas early without penalty based on the smoke, but as of now, there is no law in Florida against smoking on the balcony of one's home.

If this answer was Helpful or the Best Answer, please click above to let me know. Representing clients on Commercial & Residential Real Estate matters Statewide for over 13 years. Development / Purchasing / Leasing / Foreclosure / Eviction / HOA

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Possibly. The bigger issue is whether it bothers you enough to spend thousands of dollars on lawyers fees to address the issue. If you are so inclined there are plenty of lawyers on AVVO for you to contact to retain their services.

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