[RPPTL LandTen] CDC Re: Residential lease issue- second hand smoke

[Neil B. Shoter]

Thanks for all the responses!

[cid:image001.jpg at 01CE41A7.84487CD0]

Neil B. Shoter
Partner / LEED Accredited Professional
________________________________
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Adrienne F. Promoff
Sent: Thursday, April 25, 2013 11:20 AM
To: RPPTL Landlord Tenant Committee; 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] CDC Re: Residential lease issue- second hand smoke



www.publichealthlawcenter.org<http://www.publichealthlawcenter.org> and www.no-smoke.org<http://www.no-smoke.org>



ADRIENNE F.PROMOFF, ESQ.
Museum Tower *Penthouse II
150 West Flagler Street, Suite 2950
Miami, Florida 33l30
Tel:  305- 374-0102 Fax: 305-692-3086
Email: apromoff at mindspring.com<mailto:apromoff at mindspring.com>

-----Original Message-----
From: Alberto MCardet
Sent: Apr 25, 2013 10:58 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Residential lease issue- second hand smoke

Agree that Google Scholar is a great place to start, I think many of our colleagues are unaware of it. Never have dealt with the second hand smoke issue but very interesting topic.



Alberto M. Cardet, P.A.

1330 Coral Way #301

Miami FL 33145

305-403-7783

305-403-7824 (fax)



From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Eric.Rapkin at akerman.com<mailto:Eric.Rapkin at akerman.com>
Sent: Thursday, April 25, 2013 9:59 AM
To: landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Residential lease issue- second hand smoke



I find that a great place to start research is Google Scholar. I searched "'second hand smoke'" habitability" and it looks like there are a bunch of articles and cases on the topic, for example:



http://scholar.google.com/scholar_case?case=5728922745529120095 &q=%22SECOND+HAND+SMOKE%22+HABITABILITY&hl=en&as_sdt=2,10



http://tobaccocontrol.bmj.com/content/13/suppl_1/i61.short



Eric D. Rapkin

Akerman Senterfitt | 350 East Las Olas Boulevard | Suite 1600 | Fort Lauderdale, FL 33301

Dir: 954.759.8962 | Main: 954.463.2700 | Cell: 305.343.6129 | Fax: 954.847.5350

eric.rapkin at akerman.com<mailto:eric.rapkin at akerman.com>

From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Andrew Garofalo
Sent: Thursday, April 25, 2013 9:46 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Residential lease issue- second hand smoke



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<http://www.garofalolaw.net>

Sent from my mobile phone.

On Apr 25, 2013 9:34 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








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 | Biography | V-Card | Website









V Card | Bio | akerman.com




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