Legal Question in Landlord & Tenant Law in Florida

My landlord has a No Smoking policy in our lease. Yet I've been complaining constantly about other tenants smoking marijuana and it permeating throughout my apartment. The landlord isn't enforcing their own policy. There are no signs or anything posted in the community that smoking isn't allowed. This is causing health issues in my home with myself and my family members, because the stuff is so strong it smells like it's being laced with something. I have documentation of these complaints and nothing is being done. Do I have grounds to sue my landlord at this point being that I have a lease that says no smoking is allowed to back me up?

Also, two points to note (1) Yes, police has been called and confirmed that marijuana smoking is taking place (management advised me to do this, yet still has done nothing to resolve the issue) (2) Yes, I'm in the process of trying to find somewhere else to stay, but I shouldn't have to suffer until then, and there's no point in changing apartments, because they keep renting to people who are dope smokers. So please don't advise this. I just truly need to know if I have a valid case against this management.

Thank you in advance.


Asked on 6/21/22, 6:24 am

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

In all likelihood you don’t have a strong case against your landlord. The No smoking provision in most leases is vis a vis you and your landlord. It is not a guarantee community wide. If your lease is specific this analysis would be different. Put all your complaints In writing. Don’t rely on police reports and oral communications. Yes moving is your best option in all likelihood. If you want and need a specific analysis about your personal lease seek counsel locally

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Answered on 6/21/22, 7:01 am
David Slater David P. Slater, Esq.

Your alternatives are to seek to terminated the lease or seek a rent reduction per Statute.

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Answered on 6/21/22, 7:55 am


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