Secondhand Smoke Complaints: Florida Renters’ Rights & Solutions

Secondhand smoke is a common concern for many renters in Florida. When smoke drifts from one apartment or unit into another, it can impact health and comfort. If you’re facing this issue, understanding your rights and the best steps to resolve secondhand smoke complaints under Florida law is essential.

Understanding Secondhand Smoke Concerns in Florida Rentals

Florida law does not currently ban smoking in private residences, including most apartment units. However, as a renter, you are entitled to a safe and healthy home environment. Landlords must provide a property that meets basic habitability standards under the Florida Residential Landlord and Tenant Act. This includes ensuring that common areas are clean and safe, and taking reasonable steps if a known health hazard exists.

Is Secondhand Smoke a Landlord’s Responsibility?

Generally, secondhand smoke is not automatically considered a violation of habitability. However, your lease may restrict or prohibit smoking. Many Florida landlords now include no-smoking policies to reduce disputes. If your lease or a building policy prohibits smoking and another tenant violates that rule, your landlord may be responsible for enforcement.

Practical Steps: What Can Florida Renters Do?

If you are experiencing secondhand smoke entering your home, try these steps:

• Review your lease agreement for no-smoking clauses or health and safety promises.
• Document when and where smoke enters your home. Note times, dates, and how it affects your comfort or health.
• Communicate with your neighbor (polite and non-confrontational) to see if a solution can be found informally.
• If needed, notify your landlord in writing. Clearly state the problem, ask for a solution, and include your documentation.

Filing a Formal Complaint

If speaking with your landlord does not resolve the issue, you can take further steps. While there is no specific statewide smoking complaint form for renters, you can:

• File a complaint with your local county health department if you believe a health code has been violated
• Contact the Florida Department of Health’s Tobacco Free Florida initiative for guidance on smoke-free living
• If the problem persists and you believe your landlord is ignoring required repairs or building rules, you can file a complaint with the Florida Department of Business & Professional Regulation (DBPR)

Florida does not require a special form for secondhand smoke complaints, but the standard Notice to Landlord—Noncompliance may be used if you believe your rights under the lease or state law are violated. See the example below.

Relevant Official Form: Notice to Landlord—Noncompliance

• Form Name: 7 Day Notice to Landlord to Cure Noncompliance
• When & How Used: Complete this notice if your landlord has failed to resolve a problem that negatively impacts your health or enjoyment of your home, such as ignoring a no-smoking policy. Send it to your landlord in writing, and keep a copy for your records. View official sample forms and instructions from The Florida Bar.

Who Oversees Tenant Issues and Disputes?

In Florida, the Florida Department of Business & Professional Regulation (DBPR) provides information and processes complaints regarding landlord-tenant issues. While DBPR does not arbitrate typical rental disputes, they offer detailed resources and forms for renters experiencing violations.

Relevant Florida Legislation

Your main protections are outlined in the Florida Residential Landlord and Tenant Act (Chapter 83, Part II). This legislation describes both landlord and tenant responsibilities regarding habitability and dispute resolution.

Resolving Secondhand Smoke Issues: Action Steps

• Read your lease for smoking policies
• Document your concerns and any health effects
• Speak with your neighbor if comfortable
• Send your landlord a written notice if the problem continues (see sample notice)
• If unresolved, contact your local health department or the DBPR

Frequently Asked Questions

1. Can I break my lease in Florida because of secondhand smoke?
   Breaking a lease due to secondhand smoke generally depends on your specific lease terms. If your landlord is not upholding a smoke-free policy or habitability, follow proper written notice procedures. Seek legal advice before ending your lease early.
2. Is my landlord required to provide a smoke-free building in Florida?
   No, Florida law does not require all rental buildings to be smoke-free. However, if your lease prohibits smoking and your landlord refuses to enforce it, you may have grounds to file a complaint.
3. Who do I contact if my landlord is not addressing secondhand smoke complaints?
   First, try to resolve the issue directly and in writing. If needed, contact your local county health department, Florida DBPR, or seek guidance from Tobacco Free Florida for resources and next steps.
4. Which official body oversees rental complaints in Florida?
   The Florida Department of Business & Professional Regulation (DBPR) provides resources for landlord-tenant concerns. Visit the DBPR Landlord/Tenant Resources page for info and complaint options.
5. What official form can renters use for complaints?
   The 7 Day Notice to Landlord to Cure Noncompliance is used to formally request your landlord address an issue. Find a sample and guidance from The Florida Bar.

Key Takeaways for Florida Renters

• Check your lease for smoking rules and document all issues.
• Use written communication and proper notice forms, such as the 7 Day Notice to Landlord.
• Reach out to local and state resources for help if informal steps do not work.

Need Help? Resources for Renters

• Florida Department of Business & Professional Regulation (DBPR) – Landlord/Tenant Resources
• Florida Department of Health – Find Your County Health Department
• The Florida Bar – Landlord/Tenant Consumer Guide and Sample Forms
• Tobacco Free Florida – Smoke-Free Multi-unit Housing Resources

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1. Florida Residential Landlord and Tenant Act, Chapter 83, Part II
2. Florida Department of Business & Professional Regulation (DBPR) – Landlord/Tenant Information
3. The Florida Bar – Landlord/Tenant Consumer Guide & Official Forms
4. Tobacco Free Florida – Smoke-Free Policies
5. Florida Department of Health – Environmental Health

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