[RPPTL LandTen] Residential lease issue- second hand smoke

[Andrew Garofalo]

No experience on that issue.  Will probably be hard to prove since it is
not something you can document with a photo for example.  If an air quality
test can be done that would detect the second hand smoke the tenant should
have it done.

Andrew Garofalo
Board Certified Real Estate Attorney
Garofalo Law Office P.A.
888-658-8686
www.garofalolaw.net

Sent from my mobile phone.
On Apr 25, 2013 9:34 AM, "Neil B. Shoter" <NShoter at shutts.com> wrote:

> 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****
>
> ** **
>
> ** **
>
> [image: http://www.shutts.com/shutts100.jpg]****
>
> *Neil B. Shoter** *
> *Partner / LEED Accredited Professional*  ****
> ------------------------------
>
> *Shutts* *& Bowen LLP*
> CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 *|* West Palm
> Beach, FL 33401
> Direct: (561) 650-8535 *|* Fax: (561) 822-5525
> E-Mail <NShoter at shutts.com> *|* Biography<http://www.shutts.com/attorneys-Neil-Shoter.html>
> *|* V-Card <http://www.shutts.com/vcard-181.vcf> *| *Website<http://www.shutts.com>
> ****
>
>  ****
>
> ** **
>
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