Legal Question in Landlord & Tenant Law in Florida

Hello: My son moved into an apartment in April 2013. It is one apartment in a quad home in Tallahassee, FL. He is a student at FSU and we pay his rent. Upon moving in there was a slight smoke odor in the apartment. The landlord said the apartment had been closed up for 3 months. Over time, the problem has become much worse. He lives in a upstairs apt and his neighbors directly below are smokers. It was only really bad at night until they became unemployed. Now they smoke in the apartment 24/7. The smoke has permeated everything. My son has allergies and is constantly battling them. When my husband and I go up for football games and stay there, we have to wash everything (dirty or not) when we get home because it reeks of smoke after being there for 2 or3 days. Luggage has to be Febreezed and set outside to air-out. The problem has been reported to the landlord and he has said that he has talked to the downstairs neighbors and they are no longer allowed to smoke in their apartment. They are to only smoke outside. Unfortunately, the neighbors have not stopped smoking. The smoke continues to rise into his apartment. Here is the question: His lease states that his is a non-smoking apartment however, he is subjected daily to smoke infiltrating his living space. Does he have grounds to break his lease?


Asked on 12/19/13, 5:59 pm

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

You need to contact local counsel with a copy of the lease. You will need to put the landlord on notice in writing of the issues and requiring that they be remedied. if they are not after a reasonable time after the written notice along with medical support there may be a constructive eviction which allows for the lease to be avoided. Please seek counsel as this is a difficult process.

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Answered on 12/20/13, 4:18 am
Alan Smith Tallahassee Legal Counsel

I agree with Mr. Stein- this can be a complicated process. If he simply leaves, he may be liable for rent owed for the remainder of the lease. He may have a cause of action for constructive eviction, failure to maintain the premises, or breach of contract depending on the terms of the lease and his exact facts.

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Answered on 12/20/13, 8:43 am


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