Puerto Rico Eviction Notice for Smoking
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How to fill out Eviction Notice For Smoking?
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FAQ
Legitimate reasons for eviction include non-payment of rent, lease violations, expiration of the lease, property damage, and illegal activity on the premises. In Puerto Rico, landlords are required to give tenants written notice before initiating an eviction lawsuit.
The property manager needs to give the renter a minimum of three days to vacate unless a written lease sets a different time period, such as 24 hours. The notification needs to have the date it is provided, the reason for the eviction, and show the amount of lease owed, if applicable.
To prove that second-hand smoke has caused a loss of quiet enjoyment, evidence must be strong and compelling. The onus is on tenants (or landlords if they evict the smoking tenant) to provide proof that the amount of smoke is frequent, ongoing and significantly interfering with your use and quiet enjoyment of the home.
Sniff around for unfamiliar smells. While their scents generally dissipate quicker than tobacco or marijuana smoke, most vapes leave a distinctive smell behind. If you suspect someone in your home has vaped recently, smell their clothing or the area they were standing to try and catch a whiff.
It is illegal for the owner of a property to get the tenant out by force. The property owner must file a complaint for eviction in the court and obtain a judgment in their favor for the eviction procedure to be carried out.
In every lease there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with state and local housing codes.
During the inspection, you should look for physical evidence such as ashtrays, cigarette butts, and smoke stains on the walls and ceiling. Additionally, check for the smell of smoke in the unit. This method can be done discreetly without notifying the tenant.
If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Florida, the landlord must not proceed with the eviction (see Fla. Stat. Ann. § 83.56(5)).
