[RPPTL LandTen] Residential lease issue- second hand smoke

Thu Apr 25 07:00:29 PDT 2013

Yes I have gotten (a client) out of a lease for that reason.  Sent the notice saying that they had to fix it, pursuant to statute, and they cleaned carpet but it wasn't enough, and we terminated.  They did not go after the tenant. We had many people who would have testified to the odor and "feel" of the smoke constantly intruding into the apt.  As to "liability" for damages, never pushed that far.  In addition, several years ago my inlaws walked out of a seasonal lease in Boynton because of the smoke and prior presence of a dog; landlord threatened, I threatened back, and nothing came of it.

I am also aware of people in condo/coops who were able to force the management to filter a/c systems in buildings and improve weather stripping around indoor hallway doors.  I believe there is recent case law in NY about this.
On Apr 25, 2013, at 9:32 AM, Neil B. Shoter 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
>  
>  
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> Neil B. Shoter 
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