Former tenant sues apartment owner and roofing contractor over alleged toxic fume exposure

6th Judicial Circuit of Florida Pinellas County
6th Judicial Circuit of Florida Pinellas County
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A legal complaint alleges that an apartment resident was exposed to hazardous chemical fumes during roof repairs, resulting in significant health problems and emergency interventions by local authorities. The suit was filed by Tanner Jay in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida on March 16, 2026, naming Grand Ave FL Partners, LLC (doing business as DD Gandy 6.489, LLC and also known as Cortland Satori) and Impel Outdoor Services, LLC as defendants.

According to the complaint, Tanner Jay resided on the top floor of an apartment complex managed by Cortland Satori at 31100 Grand Ave, Apt 3404 in Pinellas Park. In November 2024, following damage from Hurricane Milton, Cortland Satori hired Impel Outdoor Services to repair the building’s roof. Construction began on November 4, 2024 at approximately 8 a.m., but residents were not notified until around 11 a.m., after work had already started. The notification reportedly did not include any warning about potential hazards related to the construction process.

The lawsuit states that shortly after construction commenced, Jay noticed a strong odor in his unit later identified as coming from EverGuard 1121 TPO Bonding Adhesive—a type of industrial glue used by Impel during the repairs. Jay alleges he experienced symptoms such as headaches, eye irritation, lung discomfort, severe chest pain, and coughing. On November 7, after complaints about air quality from residents including Jay’s neighbor, the local fire department responded to assess conditions inside the building.

Fire department reports included in the filing indicate that high levels of volatile organic compounds (VOC) were detected: “Heavy odor of Acetone/Glue present with VOC 24ppm on Multirae 4gas meter in common area of apartment.” The report further notes that fans were deployed to reduce VOC levels and that some residents—including pets—had exhibited symptoms attributed to chemical exposure.

Jay communicated his concerns multiple times to management at Cortland Satori. On November 9 he emailed about toxic fumes and his symptoms; management acknowledged awareness of the fire department’s visit but stated that if there had been harm implied for residents they would not have allowed work to continue while apartments were occupied. Additional emails between Jay and management documented ongoing complaints about worsening odors and requests for information about materials being used.

On November 12—after another request from Jay—the fire department returned for further inspection. According to their report: “Upon entering the apartment the meter immediately alarmed and was showing a VOC reading of 280ppm… bathroom VOC reading rose to 300ppm.” The fire department advised evacuation when readings exceeded fifty; Jay’s apartment registered six times this threshold. Other apartments also showed elevated VOC levels though lower than those found in Jay’s unit.

The fire department determined that fumes were entering through bathroom exhaust vents connected to the roof where adhesive was being applied. Residents reported difficulty reaching maintenance or management during these incidents; one neighbor said they were told there was no health hazard but offered a discount if they signed a hold harmless agreement.

Jay sought medical attention at Orlando Health — Pinellas Park and Tampa General Hospital on November 13 and 14 due to worsening symptoms described as severe pain and lung irritation from inhaling chemical fumes. He claims he was forced out of his apartment for four days following fire department recommendations for evacuation due to unsafe air quality levels.

The complaint accuses Cortland Satori of breaching Florida Statute §83.51 concerning landlord obligations for maintaining safe premises by failing “to maintain the roof in good repair” and allowing hazardous chemicals into residential units via construction activities. It also cites violations of Pinellas County ordinances regarding storage or release of hazardous chemicals on residential property.

Jay further alleges breach of implied covenant of quiet enjoyment against Cortland Satori for failing to correct hazardous living conditions despite repeated warnings from residents. Specific failures cited include inadequate contractor selection or oversight; lack of protective measures for tenants; insufficient warnings about hazards; failure to relocate affected residents; and other acts described as negligent.

Against Impel Outdoor Services—the roofing contractor—Jay brings claims of general negligence including failure “to contain hazardous fumes,” improper ventilation practices during construction work on an occupied building, lack of warnings about risks associated with chemical use, continued exposure even after official intervention identified dangerous toxicity levels, among other allegations.

Jay seeks damages exceeding $50,000 plus costs associated with hospitalization, medical care (past and future), lost wages due to displacement from his home for four days per fire department advice, mental distress (past and future), disability (past and future), loss of enjoyment of life (past and future), aggravation of preexisting conditions (past and future), attorneys’ fees under Florida law where applicable—and demands a jury trial on all triable issues.

Attorneys representing Tanner Jay are Frank D. Butler (FBN:940585), Jana Ranieri Cortina (FBN:771740), Ivan D. Smerznak (FBN:1039159) with Frank D. Butler P.A., located at 10550 US Highway 19 North in Pinellas Park. The case is filed under number 26-001670-CI.

Source: 126001670CI_Tanner_Jay_v_Grand_Ave_Complaint_Pinellas_County_Florida.pdf



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