Smoking Policy for Rentals

Wow, I can't wait to hear this answer! I sure as heck wish they could. But even if they could, how could it be enforced?

Suzi

I am a landlord and as far as I know, there's no law on the matter. You can make whatever rules you want for the property, as long as you aren't discriminating based on race, gender, ethnicity, etc...

You can specify whether you will allow pets, what type of pets (i.e. cat or small dog only, etc.) and you can certainly make smoking a deal-breaker. Just write all your rules clearly in the lease and make sure the renter reads it and initials those paragraphs when they sign. Smoke is hugely damaging to property - the smell, the stains, the fire hazard... You are well within your rights to ban it from your property.

If a tenant violates the rule and stinks up the house/unit, you can stipulate in the lease that they will lose their deposit or be charged an extra cleaning fee.

You sure can. I would recommend always giving a potential renter a copy of the lease before accepting any deposit. As well has having them sign an acknowledge they have received a copy of your lease including rules and stipulations.

Just do a watermark that states "draft". It's an extra level of protection for you, so if you accept a deposit and the tenant then tries to back out because they weren't aware of something on the lease/rules/stipulation, etc. you may be able to without a certain amount of the deposit . Of course always check landlord/tenant laws.

I would think a landlord can make any stipulations like that if they choose to. I have seen smoke free apt complexes but they were all enclosed like a hotel. I would think if someone wants to smoke in their place, then find a complex that doesn't have guidelines, or buy their own place where their free to do what they please, ie...smoke, paint, etc...