My son has already decided that he wants no tobacco smoking in his rental[e-cigs are fine] Colorado has legal cannabis. Would it be alright to ask tenants to either smoke recreationally only in the back yard unless they are using a vaporizer [or have a medical problem that would make going outside to medicate difficult]?
Absolutely. I have in my lease that smoking of any kind is prohibited inside.
Just because cannabis is legal doesn't mean you need to allow the smoking of it in your property. Smoking cigarettes is legal too, but smokers are not a protected class. Believe me, if you start with "e-cigs are OK" then there will be smoking in your house.
Jean Bolger, 33 Zen Lane | http://www.solidrealestateadvice.com
Yeah I would definitely demand they don't do it inside. Although, good luck enforcing it.
We do not allow smoking (electronic or traditional) in or on any of our properties. It is written into our lease that a first offence it is an automatic $200 fine (smoking inside) and cause for eviction (at the landlord'd discretion). A subsequence offence results in eviction.
@Roy N. have you ever collected on your "fine" or ever been successful in an eviction for smoking? If you evicted, was it contested? If it was contested, how did you prove it? It seems that it would be very hard to prove in a court of law if the tenant wants to contest it. Know this, if you allow smoking outside, they will smoke inside. There will be those days when it's super cold or they are really sick and they will light up inside. Also, what happens if they sit by an open window and smoke?
Smoking outside results in the smell inside the property. It comes back in on the tenant's cloths.
I don't smoke, don't like cigarette smoke, and I like to pick those battles with my rules that I can easily win.
We have fined twice - and collected - for smoking. While have not yet evicted, but have given notice - tenant was month-to-month, so to save the hassles and cost with an eviction, we served notice of termination. In our lease, the tenant explicitly initials the section on the prohibition and the consequences of smoke to acknowledge that s/he understands and accepts them.
The law here is quite restrictive about smoking in public. You cannot smoke within 10M (30ft) of public buildings or places of work/commerce; hospitals, schools, and more and more private business do not allow smoking on their properties. It is illegal to smoke in a vehicle, and some public events, when minor children are present.
I once was a smoker, so I know both how stupid it is to do and how hard it is to quit. While our no smoking rules have never been challenged, I'm quite confident the would be upheld.
Now ... in Québec, things would be a little different as there is still considerable public tolerance of smoking.
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