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Smokers Are Not A Protected Class - Often Asked Rental Question

By
Real Estate Agent with Better Homes and Gardens Rand Realty

Many landlords are saying NO to smokers in their buildings these days. Some municipalities have banned smoking in common areas and even in individual units but it is the right of the landlord to protect his property from smoke damage and to protect his other tenants from second hand smoke. These bans include both cigarette and electronic cigarette smoking.

Recently I have been contacted by tenants who want to know why they are being discriminated against. I simply tell them that it is not discrimination but decision the landlord has made to improve the quality of life for their tenants and to make renting their properties easier.

The carcinogens present in smoke do travel through walls and venting systems to infiltrate other apartments in multi family dwellings. In the interest of the health of all tenants it is best to take your smoking habit out and away from of the rental.

Clean up after a smoker moves out of an apartment is more time consuming and expensive than that of a non smoker. The walls and flooring all become coated with smoke residue which must be cleaned away before the rental will be ready to show and rent to new tenants.

In conclusion, it is your right to smoke if you choose to do it but a landlord has every right to tell you that you can’t smoke in or on his property. Please understand and respect that right.

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