Can I Prohibit Smokers From Renting from Me?

Question

Can I prohibit smokers from renting one of my apartments, or ask if they are smokers when screening tenants?

I'd figure this be in the "nuisance clause" being that it can be a health risk to myself and other tenants?

I am referencing this site, but not sure if it applies. I am in PA.
http://www.s-fhc.com/FairHousingAct.htm

Matt R. · Answer

"No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:"

Tobacco use isn't a protected category
(Neither is poor dress sense, bad hygene, stupidity, or being a Republican 8^)

Account Closed · Answer

Yes, you can refuse to rent to smokers as they are not a fair housing protected class. Additionally, you can totally prohibit smoking on the property by tenants, guests, contractors, by any and everyone.  No outside smoking, no smoking within the property boundaries, period.  Rules and regs are only as good as their enforcement, though.

I don't allow smoking by any crews on any property I own or property I'm working on for clients.  This includes two estates that have lots of acreage.

I used to be very concerned about "quiet enjoyment" when it came to tenants and used to think that contractors should be able to take smoking breaks on the property.  I'm over that now.

I don't know what the case laws have been, if any, with medical marijuana and what rights medical patients have.  I wouldn't have a problem with allowing for medical marijuana, but I can imagine others would.

John Woodriff · Answer

Would you mind sharing the clause in your lease about this?

Karen Margrave · Answer

Smoking inside houses devalues your property, and you have every right to protect your investment. They have banned smoking in restaurants and office buildings, and smokers have adapted by smoking outside. In addition, in areas where smokers are in close proximity to windows, there gets to be noticable film on the windows. Yuck!

Tracey Williams · Answer

I have a clause for no- smoking in the property on the lease.

Michael K. · Answer

On the smoking topic, I am unaware of any area that forbids a landlord from prohibiting smoking on their property.

In the case of my properties, I tried to ban it a few years ago and immediately got move-out notices.  Re-renting was next to impossible and I was looking at MAJOR rent reductions to fill the properties.  I've since rescinded the ban with only a rule that smokers will pay for odor removal, cleaning, burns, etc.  It has worked very well.

Mike

Michael K. · Answer

FYI, discrimination based upon political affiliation IS illegal in some areas.  Individuals may want to check their applicable state laws before trying such a ban.

Mike

Jon K. · Answer

I strictly forbid smoking in my property, or anywhere on the grounds.

I consider it a lease violation if a tenant or their guest smokes anywhere on the grounds of my property. If they park on my property and smoke in their car while doing so, they're violating my lease.

I have a "no smoking" sign on property, on application, and in lease. Tenant application asks if anyone in household smokes indoors or outdoors.

I don't allow outdoor smoking. No way, Jose. Smokers smell, when they come inside, it can smell up the property. Additionally, if there's 3 feet of snow outside or it's 110 degrees, how many smokers go outside to smoke? And, the butts of cigs outside or inside could start fires. The smoke trays could spill and stain carpet.

What if you add a clause to the lease that smoking anywhere on property means forfeiting the deposit?  Smoke smells are hard to remove, so tenant pays for walls and ceilings to be repainted, HVAC and filters to be professionally cleaned, all surfaces to be professionally cleaned, new carpet and carpet pad. Would that work?

I would NEVER rent to a smoker, and if they smoke and I catch it, I want them OUT.

Stephen Masek · Answer

Indeed you can, for tobacco, but not "medical marijuana" in California.

I've seen one to many places coated throughout with yellowish-brown goo which would take far more than a normal security deposit to make rent-ready.

Carlos Flores · Answer

Kevin - Be sure to add fees and remedies in the lease just like you would for late pays, unauthorized pets, etc.

Can I Prohibit Smokers From Renting from Me?

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