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Olivia Kent
Olivia Kent, Attorney
Category: Real Estate Law
Satisfied Customers: 871
Experience:  Partner at Kent Law Group, LLC
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We have recently moved to Florida. Our 24 yr

Customer Question

Hello,
We have recently moved to Florida. Our 24 yr old daughter just moved less than a week ago into an apartment here in Pinellas county. The apartment was supposedly "cleaned" and painted but it reeks of cigarette smoke and the entire complex is supposed to be No Smoking". She has been trying to clean the thick yellow nicotine off of the unpainted areas like kitchen cabinets herself. They apparently did bring in an ozone machine a few days ago to get rid of the smell. That did not work, and we just found online that ozone machines can be a health risk in and of themselves. They claim not to be able to put her in another apartment because apparently none are currently available. She was not able to see that specific apartment prior to her signing (because it was inhabited). Since there is a no-smoking clause in the rental agreement she had no idea that her new apartment would reek of tar and nicotine. Since yesterday she has developed a bad respiratory infection but there is no way of knowing if that was caused by the apartment but it definitely can't help.
Can she go stay in a motel and legally go after them for costs until they can get her into another apartment?
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Olivia Kent replied 7 months ago.
Hello. My name is ***** ***** I'm an attorney. I’ll be happy to help you in any way I can. This site is for educational purposes only. Sometimes - although certainly not always - experts have to give you what you deem “bad news” but that should not be a reflection of how satisfied you are with the assistance your expert provided. Experts on this site receive credit for assisting you when you click the rating (the stars) so please submit a rating prior to logging off. You aren't charged anything extra by submitting a rating.The answer to your question is - YES. She can go after the apartment complex for her various costs (medical, housing) because they were incurred because the apartment complex breached its duty to provide a habitable environment in which to live. I would suggest taking photos of any visible damage and documenting any an all communications with the apartment complex. If you need me to clarify anything or if you have any other questions please let me know and I'd be happy to elaborate. Please also submit a rating if you're satisfied with your assistance; this will not cost you anything extra and it's the only way we get credit for assisting you. And please don't feel like we have to stop talking after you submit a rating. I'd be more than happy to continue working with you after that as well.