Residents
Owners
Landlords that rent out their property have decisions to make. Do they want pets allowed in the rental? Do they want to provide the furniture? Should they allow smoking?
Landlords may not like smoking in their rental property. Smoking has become a huge health concern and the laws are allowing landlords to claim this property as smoke-free. Since smoking isn’t a right and smokers aren’t protected under any legal class, it is acceptable in many states to designate smoke-free regulations. Here is what landlords should know.
Application Process
You have the right to not rent to a smoker. If someone applies to rent your property, you have the right to ask if they smoke. You can reject applicants that intend to smoke in your rental property. You are allowed under law to deny smoking tenants’ applications.
The Lease
You have the right to state in the lease agreement that there is a smoking restriction. As long as it’s stated in the lease, you are protected by the state.
You have the option of setting up a smoking area for tenants needing a place to smoke. Whether you set up an area a certain distance away or simply restrict it completely, you are allowed to do this as a landlord. If you neglect to add it to the lease, tenants cannot be force to stop smoking on the property.
Why this is a good idea
Smokers can cause scorch marks, burns, and odors that require repairs and odor removal services. Some smokers have been known to start fires. In addition, many landlords have been targeted by tenants that don’t smoke for being affected by secondhand smoke.
Keep in mind that if your tenant violates a no-smoking policy in the lease, you have the right to evict. Landlords need to decide what level of smoking they want to allow on their property and clearly define it in the lease.
