Do I have to rent smokers In Mississippi

General Landlording & Rental Properties
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Do I have to rent smokers In Mississippi

Joe S.Pro Member
Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes

We just done a jam up rehab on a property in Mississippi. Is it a really big nice house that we spent quite a long time making extra nice. My wife told the property manager we did not want smokers renting the place. The property manager told my wife that she didn’t think we could discriminate against smokers. Is this the case?

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Bjorn AhlbladPro Member
Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
5y

@Joe S. You need to replace the PM. Who knows what else they do not know! They are dangerous.

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  • Matthew CrivelliBusiness Member
    Lender · MA · Member since 2021 · 1k+ posts · 1k+ votes
    5y

    I believe it is your legal right to restrict smoking on your property. I have personally been asked this when applying for rentals. You should be able to add a Claus to the lease to ban tobacco use on the premises. I have a feeling the property manager is a smoker and took offense to your request LOL. I've never seen anything saying smoking on someone else's personal property is a right! Always good to check with a local attorney to make sure there aren't any crazy laws on the books in Mississippi. Would want my house becoming a chain-smokers cottage either lol 

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  • Colin Leach
    Madison, MS · Member since 2017 · 45 posts · 16 votes
    5y

    I have two rentals in Mississippi we forbid smoking inside in our lease. No one has said anything about it.

    2Reply
  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    5y

    @Joe S. You need to replace the PM. Who knows what else they do not know! They are dangerous.

    5Reply
  • Brad L.
    Rental Property Investor · Manitowoc, WI · Member since 2016 · 178 posts · 186 votes
    5y

    I think the real problem here is that your property manager doesn't seem to know for certain. This is a pretty common issue, you'd think they'd be well-versed on it. Here in Wisconsin, I do not rent to smokers period. I don't know how it works in other states, but smokers are not a protected class here.

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  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    5y

    Absolutely you can restrict smokers. Read below. Smokers are not a 'protected class' in either Federal or any state law. As @Bjorn Ahlblad and @Brad L. said, your more important concern is finding a new property manager..... :-)

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  • Jonathan GreeneBusiness Member
    Real Estate Consultant · Madison, NJ · Member since 2016 · 6k+ posts · 7k+ votes
    5y

    You can absolutely restrict and not rent to smokers and it is not discrimination. Smoking or being a smoker is not a protected class and holds no legal basis to sue you if you decline them. The hardest part is confirming people as smokers because they can just lie. Get a new PM.

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  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    5y

    @Joe S.  smokers are not a protected class so you can restrict them. Your question now should be what else doesn't your property manager know. 

    1Reply
  • Scott M.
    Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
    5y

    Smokers are not a protected class therefore you are free to discriminate against them.  

    1Reply
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