Can I say "no smoking"?

Question

Our offer was accepted on a nice duplex today! The tenants upstairs would like to stay, and have excellent payment history. They keep their unit spotless and have nice furniture. We want to keep them, and I saw no evidence of them being smokers or having pets. Their lease is month-month. The owner downstairs has two dogs that were yapping in their cages when we viewed, and I thought I smelled a hint of cigarette smoke in the back hall. I also had to dodge little "land mines" in the back yard. When I lease to new tenants, can I mandate a smoke-free building? Each unit has a small balcony out back, and if they are neat about it, that would be my version of a compromise. I'm going to say "no pets", although I don't yet know about the good tenants I want to keep upstairs. Any thoughts on this? It's not just us that want to avoid smoke and other people's pets, I think many potential tenants would appreciate it as well.

Roy N. · Answer

When we acquire a new property where smoking has been permitted, we establish a sunset date after which the property (not just inside) will be smoke free.

We typically set the date 6 - 12 months out which gives folks the opportunity to quite or move.

JD Martin · Answer

Absolutely. There is no smoking allowed inside any of my units, of anything - no e-cigs, vapor, cigarettes, cigars, pipes, bongs, joints, whatever. No smoking, period. Smoke smell is a royal PITA to get out of anything, and non-smokers will smell it instantly.

Gerald K. · Answer

Smokers are not a protected class, so yes, you can say "no smoking".  If they are on a month to month agreement, you can normally make changes with a 30 day notice - make sure to check you local landlord tenant Laws to make sure you are following it correctly.