Jacksonville, FL asked in Contracts and Landlord - Tenant for Florida

Q: Apt. Lease in Jax, FL states a no smoking policy inside and outside. How do we have this enforced? Pot smoked every day

34.17.1 You agree and acknowledge that this Property has been designated as a smoke-free living environment. You, Your Occupants, guests or invites shall not smoke or permit others to smoke anywhere in or on the Property. You shall inform Your Occupants, guests and invitees of the no

smoking policy. Breach by You of this Section 34.17 shall constitute a material breach of the Lease, shall be grounds for an immediate dispossessory

action by Landlord, and shall make You liable for all costs incurred by Landlord, including cleaning fees, related to the breach.

34.17.2 The term “smoking” includes, without limitation, inhaling, exhaling, breathing, or carrying any lighted or heated cigar, cigarette, or other tobacco or

plant product or similar lighted or heated product in any manner and in any form.

Neighbors have been recorded smoking pot on the balcony. Police have made three reports. Police said despite having medical card, neighbors cannot smoke in or outside.

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1 Lawyer Answer

A: It would be my guess the police cannot arrest anyone unless they witness them smoking the pot themselves and have access to the outside area to make the arrest. Police do not usually use recordings from third parties as the sole basis of an arrest.

The apartment complex is likely not doing anything because they have to make sure they don't run afoul of the Fair Housing Act, which must give reasonable accommodations to individuals with disabilities. These people have a medical card and a prescription for the pot.

The problem for those non-smokers is almost anyone can get a card and a prescription.

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