Managing Secondhand Smoke in Your Florida Residence

Is secondhand smoking bothering you in your Florida apartment or condo? Discover your alternatives here.

Every Florida resident understands that living in an apartment or condo complex can be difficult, particularly when your neighbors’ behaviors interfere with your life in unfavorable ways. Secondhand smoking, like loud neighbors, is becoming a typical tenant concern. Whether you have a respiratory condition like asthma, are concerned about the health effects of secondhand smoke (especially if you have children at home), or simply don’t like the smell of cigarette smoke wafting into your apartment, there are steps you can take to try to limit or eliminate your neighbors’ smoking.

The law in Florida may be on your side depending on the sort of home you reside in. Landlords may limit or ban smoking in multi-unit structures, and smoking is outlawed in many public housing units around the state. Most properties, however, do not ban or have very minimal limitations on tenant smoking. Whatever part of Florida you live in, you have some alternatives for dealing with secondhand smoke, notably cigarette smoke.

Examine Your Lease or Rental Contract

As nonsmoking rules grow increasingly popular (for example, in the workplace—see Fla. Stat. Ann. 386.201 to 386.209), an increasing number of landlords ban smoking entirely in their rental apartments or limit smoking to communal spaces. Because there is no legal right to smoke, landlords in Florida may limit or prohibit smoking in their rental apartments.

If you’re worried about secondhand smoke, one of the first things you should do is go through your lease’s smoking regulations. If the lease does not mention a smoking policy, make sure to inquire about it. If there is a policy, request that the landlord write it down and incorporate it in the written lease. (Ideally, you should have done this before signing a lease, especially if you or a member of your family is highly sensitive to secondhand smoking.)

Whether you reside in a condo, you should also check with your homeowners’ organization (HOA) to determine if your building or common spaces have smoking restrictions. Check the lease (or CC&Rs, if a HOA) for rules dealing with nuisances, since secondhand smoking might be deemed a legal nuisance in certain cases.

Check your state’s nonsmoking laws.

There is currently no statewide regulation in Florida forbidding smoking in private residential units such as apartments and condominiums. In fact, the Florida Clean Indoor Air Act expressly prohibits local governments from passing anti-smoking legislation. Currently, only the state may pass smoking bans (see Fla. Stat. Ann. 386.209). As previously stated, this does not preclude a landlord from forbidding smoking in an apartment building or limiting smoking to certain places.

If you live in public housing or university housing, smoking in your apartment or shared spaces is more likely to be restricted or prohibited. Many Florida housing authorities have enacted smoke-free regulations for public housing in cities (such as Jacksonville) and big counties (such as Sarasota County). Similarly, numerous Florida campuses, including Miami Dade College, the University of Tampa, and Broward College, have implemented smoke-free regulations.

Visit the American Nonsmokers’ Rights Foundation to determine whether your city or county has a legislation forbidding or regulating smoking in private or public dwellings; this group also provides substantial resources for renters worried about secondhand smoke (as well as information on e-cigarettes and vaping). To find out whether your institution is tobacco or smoke free, go to the Tobacco Free College Campus Initiative.

Speak with Your Landlord

If you discover that your agreement or a local law forbids or limits smoking in rental properties, you should first discuss the problem with your landlord. If other tenants are harmed by secondhand smoking, check if they would join you in informing the landlord of your concerns. You should clarify the lease rules or regulations to your landlord and request that they be enforced in order to persuade the infringing neighbor to cease smoking. You may feel better at ease writing a letter or sending an email to your landlord than conversing face to face. Putting your findings in writing and asking for realistic answers may frequently solve the situation. Keep copies of any letters, emails, and notes from meetings with your landlord in case you need them in the future.

Remember to be courteous while communicating with your landlord. Explain your worries and difficulties with secondhand smoke, as well as the exact lease agreement or statute that forbids or limits smoking in your apartment building or condo complex. Give some possible solutions to the situation (such as fixing cracks in the walls or repairing faulty vents that allow smoke to drift into your home from a neighboring apartment). Please give your contact information so that the landlord may further discuss the situation with you.

Even if you have not discovered a lease term or local legislation that forbids or limits smoking on the rental property, you (and any other concerned renters) should contact your landlord, particularly if your health (or the health of another family member) is jeopardized by secondhand smoking. Maybe you can assist your landlord in establishing a smoking policy in your apartment complex. You may be able to find an acceptable solution, such as banning smoking to certain places. The American Lung Association website has a wealth of material that will assist you make your case; for example, read Smokefree Policies in Multi-Unit Housing – Steps for Success.

Your Legal Options Regarding Secondhand Smoking

If you are unable to reach an agreement with your landlord and the secondhand smoke is interfering with your life or impacting your health, you should consider moving out. Depending on the circumstances, you may be able to break your lease due to the health risks of secondhand smoking.

Depending on the severity of the situation, you may want to consider filing a lawsuit against the landlord. You may be able to assert that the secondhand smoke is a nuisance or interferes with your right to peaceful enjoyment of the rental property. Despite the fact that at least one Florida court has determined that secondhand smoking is a nuisance (see Merrill v. Bosser, No. 05-4239 COCE 53, at 6 (Fla. 17th Cir. Ct. June 29, 2005), bear in mind that these lawsuits will be tough to win without legislation on your side.

If you merely wish to sue for monetary losses (such as dry cleaning or medical expenditures due to secondhand smoking), you might file a complaint in small claims court. In Florida, you may suit in small claims court for up to $5,000.

Remember that these types of cases may be expensive, time-consuming, and destructive to relationships. Before deciding to litigate, you should contact with a lawyer and assess if the hassle is worth it.