[RPPTL LandTen] Residential lease issue- second hand smoke

[Neil B. Shoter]

Has anyone dealt with issues of second hand smoke/indoor air quality as grounds to terminate  a residential lease??   A pro bono matter brought to my attention on behalf of a residential tenant question whether a residential tenant has grounds to terminate a lease early where second hand smoke is making affecting habitability.

Facts:   Does an apartment landlord/complex have any liability towards a specific tenant (here a 21 yr old mother with a 1 yr old infant who requested a non-smoking unit - but not in lease) where the unit is suffering from the intrusion of second hand smoke from 1) a central air condition system, 2) from smokers in the hallways, and 3) smoke in the existing carpets (all three conditions are present)?  If so, does that constitute a breach of habitability under the lease and the requirements F.S. 83.51, in particular by means of any applicable health codes?

Any thoughts would be welcome.

Neil


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Neil B. Shoter
Partner / LEED Accredited Professional
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