Toxic cigar and cigarette smoke in condo

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celder

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Hello,
I just moved into a condo three weeks ago and have been very sick ever since then. The condo is in Fort Myers, Florida. My home smells like cigar and cigarette smoke most of the time, but I just assumed a the tenent before me smoked and that it would go away. Now that I have been here a while I noticed that the smoke is coming in through the vents from the units below. Both units below me have cigar and cigarette smokers.

When I called the new landlord/property manager she told me that I was hyper sensitive and that I would need a lawyer if I thought that I was going to break the year lease.

I have lost weight due to semi severe nausea that I get everytime that I come into the condo. I throw up at least twice a day and have completely lost my appetite. My eyes are burning and I have had severe pounding headaches and severe coughing.

I finally had to shut off the air and open all of the windows just so that I can somewhat tolerate the environment. It was 99 degrees here today and my house is 84 degrees inside as I write this, so it's not the best situation. I could live with it for a while, but it's hard on my little dog.

The landlord was out of town when I called her and she has not called back as promised. I would be insane to want to move a full 1600 square foot of household furniture and living items twice in the same month in south Florida.

She said that I would need a lawyer and doctor's opinions. I am now sick most of the time, even when I am not here.

What are my legal rights to a live in a non-toxic condo and get moved to a new place, with reimbursement for moving costs? I just spent $900 moving in here.

Thanks for your help.

Catherine
 
You need to register your complaints in writing, via certified letter, so you have leverage if you need to break the lease due to unresponsiveness from part of your landlord. However, here is what you don't answer on your posting - were you disclosed that this was a condo where smoking was allowed when you were being shown the unit? If not, did it occur to you to ask that during your inspection? Have you also requested management to consider moving (at their expense) you to a different unit? Moreover, have you gone to the doctor to document and have evaluated the allergic reactions caused by the tobacco products? You need to gather evidence in order to substantiate your case. Finally, google your landlord/tenant laws to find out what the state of florida offers as remedies for a case like yours. Hope this helps!
 
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