Archive: March 2021

Typically, landlords inform tenants of a no-smoking policy or restrictions on smoking cigarettes and marijuana in a rental unit before signing the lease or rental agreement.

However, does a no-smoking policy infringe upon your rights as a tenant? Do you actually have a right to smoke cigarettes and weed in your rental apartment despite the restrictions in the lease/rental agreement?

Why do landlords prohibit smoking in rental units?

There are multiple reasons why landlords include no-smoking policies in the lease agreements and prohibit tenants from smoking cigarettes and marijuana in their rental units:

Do tenants have a right to smoke tobacco/marijuana in rentals?

As a rule of thumb, no. Tenants do not have a right to smoke in their rental units. Currently, there is no state or federal law that would protect tenants’ right to smoke tobacco or marijuana in their rentals. Also, bans on smoking in the rental unit are not discriminatory since the word “smoker” is not a protected characteristic under the Fair Housing Act (FHA).

Insurance companies have an obligation to handle claims in good faith. It means that insurers must promptly investigate valid claims for damages and provide compensation for a covered loss.

Unfortunately, not all insurers act in good faith when handling insurance claims. If you suspect that an insurance company acts in bad faith, you may have grounds to sue the company and recover damages.

The recoverable damages depend on the circumstances of your case, the financial losses caused by the insurer’s bad faith conduct, and the severity of that conduct.

Speak with a Tampa insurance bad faith attorney at HD Law Partners to discuss your case and determine if you have grounds to sue your insurer and obtain compensation.

Section 624.155, Florida Statutes, allows the insured to file a lawsuit against an insurance company when the latter is acting in bad faith. You can file a bad faith insurance claim when any of the following occurs:

You have the right to privacy in your apartment. That’s why landlords must follow Florida law when entering the rental unit. Renting a property does not mean that your landlord’s right to enter is more important than your right to privacy.

However, as a tenant in Florida, you are also required to follow state laws and allow your landlord to enter your apartment when proper notice has been given for repairs or to handle general maintenance or emergency issues.

As a tenant or landlord in Florida, it is critical to know your rights and duties to understand when a landlord can legally enter the rental unit. Speak with our Orlando landlord-tenant attorney at HD Law Partners to review your situation.

Fla. Stat. § 83.53 provides that landlords must notify their tenant of their intention to access the rental unit at least 12 hours before the entry. After the receipt of the notice, the landlord can enter the rental apartment from 7.30 a.m. to 8.00 p.m.