Rental Property Investor · Milwaukee, WI · Member since 2019 · 46 posts · 63 votes
I’m in the process of buying my first rental property and I don’t want to rent to smokers. It’s a personal decision but I don’t want to it harder to rent out my property. What do yal think?
We are very careful to prohibit behaviors not people.
We can prohibit the act of smoking on the property, or at least inside.
We don't prohibit people who identify as smokers from renting with us - we just tell them they can't smoke on the premises (however we define that) and then outline what the consequences of violating that policy will be.
Our lease always states No Smoking, vaping, etc... in any of our properties. Even if they have a medical marijuana card, still no smoking in our properties, as marijuana is still federally illegal
@Justin Reyes as I have scaled up it has become inevitable that certain tenants I have placed do smoke. I am still adamant that they not smoke in the apartment, and so far have not had issues with that. If the tenant checks out otherwise, then I would hesitantly lease to someone who smokes. I also try to get a feel for this by checking their car and by trying to see if I can smell it on their clothes when they walk by, etc.
We are very careful to prohibit behaviors not people.
We can prohibit the act of smoking on the property, or at least inside.
We don't prohibit people who identify as smokers from renting with us - we just tell them they can't smoke on the premises (however we define that) and then outline what the consequences of violating that policy will be.
We don't permit indoor smoking in our properties-- it RUINS the paint. However, we often inherit smokers when we purchase properties and we don't kick them out. We do permit vaping as it doesn't damage the property.
As others have already said, it can potentially damage the apartment. I also find that (not labeling every smoker, just in general) when someone has a bad habit like that which is knowingly harming themselves, they won't take as good care of my apartment either and often comes along with other bad life habits.
Gonna be hard to enforce that in low income investments . Seems Everyone smokes if you make under 20k a year . Cigarettes are like lotto tickets they are staples of people who are mind broke
Smokers stink. Literally. And they aren't a protected class. List your properties as non smoking, don't rent to them if they show up reeking of smoke, and make sure your lease language is very solid on no smoking in and around the property. I list property, not just in the unit. People smoke in garages, basements, standing in the doorway, and by breathing in your unit after they'e smoked outside. And their clothes? Disgusting. Furniture? Disgusting. All that ruins your property. And make sure your lease lists what the consequences are of violating said policy. My lease pretty much states smoking could cause the property to be ripped down to the studs and rebuilt at the tenants expense. Quite frankly, with all the information that is available today, I'm shocked people still choose to smoke.
@Justin Reyes . I'd be ok charging tenant double rent if they are caught smoking in my property. However, the Judge may disagree with my assessment and the legalities of my lease. But I wouldn't hire an attorney to determine that. Make your lease clear and a nice incentive that they will either obey the lease or they won't rent from you.
@Jill F. I prohibit indoor vaping as well. Everything.
No smoking, to include cigarettes, pipes, cigars, or any other tobacco smoking material, and/or vapor like products is allowed within the structure of the building; including the rental unit, basement, garage, or outside on the adjoining grounds, either by the Tenants or their guests.
As other posters have pointed out, smokers are not a protected class but you do have to be diligent when it comes to making sure your paperwork and advertising are in order.
You need to have a Non-Smoking Lease Addendum and it needs to lay out the type of smoking that is not acceptable (tobacco, pipe, cigarette, vaping, marijuana, etc.). Keep in mind that asthmatics need inhalers and nebulizers so you have to be careful to not inadvertently create language in your addendum or advertising that would get you into hot water with ADA laws or the laws on your state's medical marijuana protections (if any).
You must also spell out in your addendum the areas that are protected against smoking (inside units only, parking lot, pool, balconies, etc.) If there are permissible places to smoke, you need to make sure that it is clear in all paperwork & advertising. Non-conflicting information is the reason for this as tenants have been known to counter and win arguments in situations where they prove that while the lease agreement states no smoking in the addendum, there are smoking permissible signs, ashtrays and cigarette disposal around the pool. Advertising should also indicate the nature of your non-smoking rules. The more crystal clear you are as to expectations, the better.
We don't permit indoor smoking in our properties-- it RUINS the paint. However, we often inherit smokers when we purchase properties and we don't kick them out. We do permit vaping as it doesn't damage the property.
Two months ago, I spend four hours wiping vape residue from bathroom walls. Tenant smoked in the bathroom with the fan on and thought the residue would magically all be removed. You could see drip marks down the wall from the residue. I got a sick stomach and headache from the odor. I was using hot water to remove the residue and I must have activated it airborne. Every time I rung out the towel it was dark brown, so that is what people who vape are putting in your lungs. Either the flavoring or nicotine made me sick. Another property I had the same thing in a bedroom. There was a film on the walls and the paint would not sick. It turns out the tenant said they vaped before bed in the room. He said, "what is the problem it is just water vapor". Ignorance at its best.. Vaping 100% damages the property, but of course it depends on how often it is done and size of room. That residue attaches to walls, windows, carpet, etc. It is very much like tar from cigarettes. It doesn't smell as bad, so people are tricked into thinking it is harmless.
I don't even allow candles in rental properties. The smoke will stain walls worse than cigarettes. Another air borne concern is cooking with grease. The film will coat everything in your kitchen and is very difficult to remove.
I do rent to smokers, but just have a strict "no inside the property rule". Although it seems people who vape don't follow that rule because they think it will go undetected.
I love my smoking tenants because I charge above market rents anyway. In 36 years I have not had one smoking tenant violate my smoking policy. Oh and I just typed this while smoking a nice cigar paid for by my tenants. LOL
I would rent to them and just put a clause in there if there smoke damage or stench that you can't get out and that something to be considered on the deposit I make him doing extra deposit because they might always have friends that come over and
I think that's great if you all don't wanna rent to them because that means I can up charge like I used to for people that really adore their large pets and get more $$ Enable turned out they were more caring about the property then the other ones with children you gotta paint the place after they leave anyway
Joe you are soo right!!,,the grease damage I've had to clean has been way more Devastating I had one family put a hole in toilet. Bowel.....how is that even possible oh yes their child 🙄
Sure, this isn't a large % but it can't be overlooked for any business. What we state in the lease is no smoking inside the house, and all smoking be outside. Similar to many business and hotels.
Hard to enforce during the rental period but you can charge tenants who violate the lease and smoke inside at the end of the lease.
@Justin Reyes. I used to not I still say no smoking in my leases but they do it anyway LBVS don’t try to enforce it it’ll drive you crazy like it did me you add it to the rent it’s hard for you to enforce it and if you take their security deposit unless there is a mountain of cigs you can’t take a smell to court just get an ozone machine and let it run when they vacate it will kill just about any smell.