Special offer

To Smoke or Not to Smoke. That is the question.

By
Real Estate Agent with Keller Williams Realty Beverly Hills

In this day and age of more healthful living, many people are choosing to live, work and play in smoke-free environments.  Many states, lead by California's 1994 statewide smoking ban in all workplaces, have instituted smoking bans to protect workers, children, and citizens using public buildings and lands from being exposed to the dangers of second-hand smoke.

As a landlord, you may be wondering, "Can I restrict smoking in my rental units?"  The answer is a resounding, "Yes!"  Much as a landlord or management company can place restrictions on the usage of common areas such as laundry facilities, pools, etc., a ban on smoking in common areas is totally legal and permissible.

You may also ban smoking in individual units.  It is legal and valid for a landlord to set such restrictions as a "no pet" clause, or a "no smoking" clause in any lease agreement.  It is simply another way for a property owner to protect her property.  This cannot legally be construed as discriminatory, or as an infringement on a smoker's rights.

For more information follow this link:  http://www.law.capital.edu/tobacco/documents/TALC_rental_fact_sheet.pdf

Here's to your health!

Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

Interesting.  I had no idea landlords could restrict smoking.  Great idea.  Thanks James!

Mar 31, 2009 11:26 AM
Charles Buell
Charles Buell Inspections Inc. - Seattle, WA
Seattle Home Inspector

James I think the remaining die-hard (no pun intended) smokers are fighting a loosing battle in more than one way.

Mar 31, 2009 11:36 AM
Amanda Wilson
EWM International Realtors, Inc. - Fort Lauderdale, FL
Real Estate Advisor

Just stop smoking....!

Mar 31, 2009 11:39 AM
Treva Fox-Christy
INTEGRITY REAL ESTATE - Farmington, NM

I am not a smoker and from the moment you enter an apartment that has been smoked in you can tell. BUT, I do believe that smokers have rights also... so this is a very interesting subject and I look forward to reading the comments.

Mar 31, 2009 11:44 AM
Julie Chapman
Julie Chapman Broker - Ormond Beach, FL
Daytona Beach Shores, Florida

I quit smoking in 2006 but will say that I did not smoke in my office or my home as I know what it does to property. 

Mar 31, 2009 11:46 AM
Linda Greco Rich, ABR, SRES
Exit Preferred Realty - Bel Air, MD
Harford County Specialist

Cigarette smoke yellows walls and furniture and just smells awful. I would be bothered if a landlord could not say no to smoking in his/her unit! If landlords can deny pets, why not cigarettes, too?

Mar 31, 2009 11:51 AM
Tim and Pam Cash
Crye-Leike (Sango) - Clarksville, TN
Real Estate Professionals - Clarksville TN

I was unaware that this was possible with rental properties.  Great information.

Mar 31, 2009 12:06 PM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Smokers are not a protected class under any Fair Housing laws that I know of!

Mar 31, 2009 03:19 PM
Mitchell J Hall
Manhattan, NY
Lic Associate RE Broker - Manhattan & Brooklyn

Last year, a precedent-setting New York civil-court decision said second-hand smoke can break the "warrantee of habitability," and residents can break their leases if landlords don't do enough to fix the problem.

Apr 03, 2009 05:06 AM
Brandon Farmer
Charlotte, NC
Keller Williams Realty Huntersville, NC

I would not let them smoke.  Renting should be the same as getting a hotel room..some are for smokers and some aren't.

Apr 12, 2009 03:18 PM