Q: What legal options do I have if the neighbors marijuana use permeates my apartment.
I have an apartment and in violation of the lease the neighbor is a heavy marijuana user. The smell now permeates my unit and is not allowing me to have the quiet enjoyment of my property. I have addressed this issue with the property manager repeatedly and they have done nothing to address it. At this point the unit is almost uninhabitable due to the stench. At his point what are my options. (Florida)
A: Without reading the lease, it's difficult to say. The covenant of quiet enjoyment is between you and the LL, not between neighbors. I suppose that it's possible to make the argument that the LL is not enforcing the lease provisions as to your neighbor, thus by extension, denying you the quiet enjoyment of your property. i suggest that before you do anything, that you retain a lawyer in your town or county to assist you.
Bruce Alexander Minnick agrees with this answer
A: It appears to me that you have three options, presented in recommended order: (1) Ride out the storm and see what happens between now and then end of your lease; (2) Give the landlord sufficient written notice of your leaving before lease end because of this situation; or (3) just pack up and leave in the dead of night.
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