Can I deny a rental application because they smoke

Question

I own a house in Portland Oregon and I have an applicant that says they smoke but they’ll do it out side. We have posted we have a strict no smoking and no pets policy in our two unit building. Is it legal for me the landlord to deny a rental application due to the applicant admitting they smoke?

Robert Rixer · Answer

Smokers aren't a protected class haha. But you also don't owe them an explanation - in most cases its usually best just to tell them that unfortunately the application could not be approved and leave it at that.

Gino Barbaro · Answer

@Matt Lawrence

We are about to implement a no smoking policy across our entire portfolio. It is going to cut down tremendously on the cost of turning an apartment.

Gino

Trenton Lukenbill · Answer

It is legal to pull down the listing anytime you want for any reason. It's your home, and therefore, you do what is best for you!

If you do add pets to the lease, I HIGHLY recommend a non refundable pet deposit. I usually do this to help cover the carpet cleaning costs once the tenant moves out.

Trenton Lukenbill · Answer

Yes, you can. It does not go against Fair Housing laws. Just be careful how you go about denying it as many words or actions can be considered 'discrimination'.

I recommended using the safety hazard approach. Smoking is considered a fire hazard, and therefore you do not want to risk the safety of your other tenants or property.

Matt Lawrence · Answer

That’s incredible, Gino! I am with you. I purchased my newest property all cash, but I’m wondering if I should have spread it out a bit more. I mitigate risk because I have children and who knows what the feds going to do. My plan is to take the $800,000 equity I now have in my two unit building, wait until rates drop in the future and borrow against it to purchase a few other properties. Is there a better way to do this or am I sounding like I know what I’m talking about? lol

Andrew Rees · Answer

In my rental agreement (lawyer reviewed and approved) it specifically says no smoking or vaping within 20ft of the building and all butts must be left in a coffee can with sand in the bottom and one is already provided in the "smoking area".

Explanations are given for allergies, health, and second hand smoke etc. etc.

I've not had any issues yet.

Can I deny a rental application because they smoke

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