Legal Question in Consumer Law in Florida

I am a post grad student. Moved into apartment about a month ago. When I got the keys told management that I could smell cigarette smoke. they said it was impossible cause apt had been thoroughly cleaned. The neighbor is a chain smoker, and the smoke seeps into my apartment. They sent a subcontractor ,who walked in while I was in bed, to spray 9D9 a class 2 carcinogen. I declined and sent the subcontractor away. This extremely stressful as I am in a very fast paced study and have very little time spare time and resources. What are my options


Asked on 9/02/15, 6:51 am

1 Answer from Attorneys
Joseph Brien THE PEOPLE'S ADVOCATE

Sorry to hear about the smoking issue. I hate the smell of smoke too.

Your rights are in the lease. Read the lease. There does not appear to be any Florida court cases setting a strong president; however, a Broward County Case did consider the issue and the case is favorable to you.

Although it was a case of a property owner suing their neighbors for EXCESSIVE secondhand smoke, it clearly supports an argument for breach of quiet enjoyment. I suggest you discuss moving to another location in the building, or early termination of your lease. Make sure you communicate in writing and confirm their responses in writing.

I hope my in put was helpful.

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Answered on 9/02/15, 7:59 am


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