Smoking Prohibitions and the Law

A lease may forbid smoking in rental units or in some or all common areas. Make sure to use a professionally created lease that is up to date with respect to Florida landlord tenant and federal law.

  • Smoking is not a protected activity in either federal law or Florida statute. However, an asthmatic tenant who claims to be adversely affected by second-hand smoke can sue the landlord claiming the landlord failed to accommodate the tenant under the Fair Housing Act.
  • Prohibiting smoking or restricting smoking to certain common areas may reduce the potential of facing lawsuits related Fair Housing Act or Americans with Disability Act – ADA.
  • If the lease does not prohibit smoking, the landlord may not forbid smoking. Lease renewals can prohibit smoking.

See Miami Evictions to find attorneys and services and to learn answers to frequently asked questions 

RSVP to learn more about Landlord Tenant issues at PM-EXPO in October. PM-EXPO South Florida takes place at Miami Beach Convention Center on October 18 and PM-EXPO Jacksonville is October 21 at University of North Florida. PM-EXPO is free. Topics include what to do about tenants who claim to need pets because of disability and other fair housing issues, Bud bug control, tenant retention, upcoming changes to ADA requirements, etc. 

PM-EXPO is for all types of property managers, community associations and landlords. Learn and network with quality vendors. The theme is “Excite Your Taste Buds.” Enjoy fantastic foods from many restaurants and caterers – free!

2 Responses to “LEGAL TO PROHIBIT SMOKING ON PREMISES?”

  1. I would like to offer, for free, my services for any future EXPO that you hold. I am the Owner of On Target K9, a Florida licensed bed bug inspection company. I am willing to do K9 bed bug inspection demonstrations and do a short educational demonstration about bed bugs including identification, life stage and basic inspection tactics. Visit us online at http://www.ontargetk9.com or call directly at 407-201-6496

    Thank you,
    Allen Clausen
    Owner On Target K9

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