Florida Rental Smoking Policies: What Renters Need to Know

Many renters in Florida are concerned about whether smoking is allowed in rental units and what rights and responsibilities they have regarding these policies. Understanding your rights and the rules surrounding smoking in your rental home is important for maintaining a healthy living environment and a good relationship with your landlord.

Are There Statewide Laws About Smoking in Florida Rentals?

Currently, Florida law does not prohibit or require smoking in private rental units. Unlike rules against smoking in most public places and workplaces under the Florida Clean Indoor Air Act, the state lets landlords and tenants decide on smoking rules for residential properties.^[1] Any smoking restrictions for your apartment, condo, or house are generally set out in your rental or lease agreement.

How Are Smoking Policies Set in Florida Rentals?

Landlords have the right to set building-wide rules, including bans on tobacco or marijuana smoking, vaping, or similar activities. These rules may be:

• Written in your lease: Check for any clauses about smoking or "no smoking" designations.
• Part of community rules: For condos or multi-unit buildings, rules might be posted in common areas or given as part of a "house rules" document.
• Agreed upon as an addendum: Some landlords ask you to sign a separate form about smoking rules when you move in.

If your landlord plans to add or change a no-smoking rule after you move in, they must usually give proper written notice and may need your agreement, unless your lease already allows such changes.

What Happens If Someone Breaks the Smoking Policy?

If a tenant smokes in violation of the lease or house rules, it may be considered a lease violation, which could lead to warnings or possible eviction in serious cases. However, the landlord must follow proper legal steps, as set out in the Florida Residential Landlord and Tenant Act.^[2]

Inspection, Disclosure, and Forms for Smoking Rules

In Florida, landlords are not legally required to disclose whether previous tenants smoked in the unit, nor must they provide a specific state form about smoking. However, it's a good idea to:

• Request a written copy of the smoking policy before signing a lease.
• Carefully document the condition of your rental during your move-in inspection (unusual odors or residue).

If your landlord uses any standardized lease addendums about smoking, these will usually be provided by the landlord or their property management company. There is NO mandatory Florida state form for smoking policies in rentals at this time.

What About Medical Marijuana and Vaping?

Florida law makes a distinction between workplace/public smoking and private use; however, landlords can still prohibit the use of marijuana—including medical marijuana—inside rental units if the lease or building rules state so.^[3] Vaping is generally treated the same as smoking.

How to Address Smoking Issues as a Florida Renter

Here are practical steps you can take if you have concerns about smoking in your building:

• Review your lease and any house rules for smoking clauses or language.
• If you experience smoke intrusion, document the issue (dates, times, photos, witnesses, correspondence).
• Politely notify your landlord in writing about the issue, referencing your lease.
• If the problem continues and violates your agreement, follow up with your landlord or property manager.
• If unresolved, you may consider filing a formal complaint or seeking mediation.

For lease violations, renters and landlords can seek resolution through the official state process. The government body responsible for residential rental disputes in Florida is usually the Florida State Courts or your local small claims court for landlord-tenant disputes.^[4]

Relevant Forms for Florida Renters

• Three Day Notice to Cure Violation or Vacate: Used by landlords to notify tenants of a lease violation, including breach of smoking rules. If unresolved, could lead to eviction.
  • You can learn more about this process on the Florida Courts Self-Help Forms page. (No official numbered form for private rentals; most landlords use a custom version that meets legal requirements.)
• Tenant Written Complaint Letter: While there is no official Florida state form, writing a clear, dated request to your landlord is a best practice if you're affected by secondhand smoke. Keep a copy for your records.

FAQ: Florida Rental Smoking Policies

1. Can my Florida landlord ban smoking in my apartment?
   Yes, landlords can ban smoking in residential rentals if it is written into the lease or apartment rules. Always review your agreement for specific restrictions.
2. Does Florida law require landlords to clean or disclose if a unit was previously smoked in?
   No, there is currently no legal requirement for Florida landlords to disclose or deep clean for prior smoking unless specified in the lease.
3. Can I be evicted for smoking if my lease bans it?
   Yes, if your lease or addenda prohibit smoking and you violate that rule, your landlord can serve a notice to cure or quit, which may lead to eviction if not corrected.
4. Does the smoking ban cover vaping and medical marijuana?
   Most lease bans apply to both vaping and smoking marijuana (including medical use), but always check your specific lease documents for details.
5. Where do I file a complaint if my landlord won't address illegal smoking?
   If written communication does not resolve the issue, you can pursue action in your local county court (civil or small claims division), which handles residential disputes in Florida.

Summary: Key Takeaways for Florida Renters

• No statewide ban: Smoking policies are set by each landlord or rental community.
• Always check your lease or ask for a written smoking policy before signing.
• Written records and clear communication are your best tools for resolving disputes.

These points will help you understand, follow, and address smoking policies in your Florida rental home.

Need Help? Resources for Renters

• Florida Department of Business and Professional Regulation (DBPR) — General landlord-tenant resources (mostly for condos and mobile homes).
• Florida State Courts — Residential landlord and tenant dispute information and small claims processes.
• Florida Residential Landlord and Tenant Act — Read the official legislation on rental housing in Florida.
• Florida Department of Agriculture and Consumer Services: Landlord-Tenant — Guides and consumer assistance for renters.

---

1. Florida Clean Indoor Air Act
2. Florida Residential Landlord and Tenant Act
3. Restrictions on Smoking in Enclosed Indoor Workplaces
4. Florida State Courts System — Landlord Tenant

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations