Hello /r/legaladvice! This could be a dead end, but I have to give it a shot.
I live in Florida, in an apartment. We have lived in the same apt. since May 2014. It is a modern-type apartment complex under a large apartment corporation. Our lease ends in July of this year, and we plan to move back to the state we came from! Anyhow, we have been greatly disappointed with a handful of experiences here. More recently, we have had downstairs neighbors that smoke move in. They can do whatever they want. However, smoke is seeping into our apartment, and all of my belongings smell of stale cigarettes; couches, clothes, bed sheets, toothbrush, everything. Not to mention all of the hazards that second hand smoke cause. My 2 pets (cat & dog) are constantly exposed to the second hand smoke. Also, I work in pediatric oncology and my SO works in surgery; we cannot wear perfumes, etc. and I for one am greatly embarrassed that I smell like an ashtray.
Is there anything I can do about this? I've contemplated talking to the residents, though I really doubt it will stop their behavior. I have not talked with the apt office yet, because I doubt they can request the other tenets to stop smoking in their own apt. From a quick google search, it looks like unless the building is designated as smoke-free that I cannot do anything. I just want some advice. What would you do? Thanks in advance!
In case you are interested, here are some other discrepancies we have experienced at our wonderful apartment:
-It is a "Gated community" but the gate has been broken for the majority of the time we've been here.
-Cars come & go as they please without any supervision. My car was totaled in the middle of the night, while parked by God knows who.
-There are constantly parties at the pool on the weekends, and in the evening. There is supposed to be a 2 guest per resident limit that is not enforced. Also the pool supposedly closes at sundown-yeah right.
-Our Air Conditioner has frozen over 5+ times since we ave lived here. Maintenance waits a day or two to let it thaw, then starts it back up claiming there is no problem. (It's Florida, it gets hot.)
-Our refrigerator was out of order for about 21 days. We had to throw out what we had, and could not keep perishables that entire time. We eat primarily vegetables, so it was a huge problem. We were in daily contact w the management until it was finally replaced.
-After a routine pest prevention walk through I came home to 65 holes in our walls. I had to complain, state my case and practically beg them to come fill all of the unsightly holes (about pencil eraser size) and paint over them. They still haven't painted them.
-There is a trash collection service, and there are also stray cats. The cats rip into the trash bags, and bones, foodstuffs, etc. are left scattered everywhere- in halls, stairways, etc. My dog loves it, but I'm the one trying to pull crap out of her mouth.
-There is no Air conditioner in the gym. I take that back, there is one, but they refuse to turn it on at a temp less than 80. We have complained over and over, to no avail. Its damn near impossible to stay in that tiny gym when it becomes a sweat box. There are more problems with the gym, but I will ignore that for now.
Sorry for the rant, I am just really in need of legal-emotional-practical advice! It costs a lot to move, and we want that to be somewhat of a last resort since we are already moving in July.
TL;DR Smoking neighbors are causing distress, is there anything I can do about it?
Edit: format
Submitted February 25, 2016 at 08:19AM by heathersphilosophy http://ift.tt/1QeASx6 legaladvice
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