Will You Allow Smoking in Your Rental Property?

by Mary Anne Ragragio

Posted on 2019-07-02 20:58:09

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Will You Allow Smoking in Your Rental Property?


It seems that smoking is being prohibited in so many places now, especially in public place. And so for some people, specifically to smoking tenants, their home might be one of the places where they can smoke legally. The question is, is their rental property allows smoking? We will talk about here what some landlords may consider for a non-smoking property and for landlords who will allow limited area where a tenant can smoke.

Everyone is aware that smoking causes serious health risks. And can affect other individuals as well due to the effect of secondhand smoke that's why some landlords prefer to have a non-smoking policy to protect the many. Here are things that landlords may consider when they want to be strict in imposing a non-smoking property policy:

  • During the showing of the property to prospective tenants, the landlord may talk to the prospective tenant and explain that there is a no-smoking policy in your rental property.
  • If a landlord includes the no-smoking policy in their rental agreement, ensure that tenants understand, agree and sign the lease agreement to avoid misunderstanding and problem in the future.
  • For landlords who want to impose a non-smoking property, make sure to display visible non-smoking signage in the different part of the property.
  • The landlord may advise the tenant that if they fail to follow the non-smoking policy of the rental property, they might be responsible for the restoration expenses of the unit if necessary. 

Despite smoking has a bad effect on health, there are still some tenants who will prefer to find a rental property where they will be allowed to smoke. That is why there are still landlords who consider allowing tenants to have at least limited area where their tenant can smoke.

  • Some landlords also think that banning smoking in their rental property might give them some pushback from smoking tenants.
  • There are some landlords who decide to establish a smoking area somewhere in the property. And it could be at least about 10 feet away from the rental house.
  • Tenants may not be guilty of breaking the lease if it's not written in the lease agreement that tenant signed. If a landlord may allow the tenant to smoke, ensure that they are aware of the limited area where they are allowed to smoke and should be written in the lease agreement.
  • If a tenant breaks whatever is written in the lease agreement, the landlord may serve a notice to cure or quit when a tenant violates any in the lease agreement. The notice gives the tenant an option whether they will stop/fix the problem or they will vacate the property.

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