Can I Stop Tenants Smoking? What Landlords Need to Know About Tobacco

Though smoking is on the decline, it's still a topic important to landlords when renting out their home. While there are no federal laws around smoking in the home, there is varying legislation across the states. Find out what you need to know about renting to a smoker and what your rights are when managing your own rental property.

If you’re self-managing your own property, you’re responsible for the health and welfare of the residents in your building, at least in part. Obviously, those responsibilities have their limits — you aren’t obligated to take your tenants in for their yearly check-ups — but when it comes to things like air quality, clean water, and functional radiators, you’re on the hook. 

Let’s pick up the air quality theme and talk about smoking — a touchy subject when it comes to property management. No one wants to impinge upon the rights of their tenants, but on the other hand, if the tenant is doing something that can potentially damage the property — or negatively affect the health of their neighbors — you might start to wonder if you should do something about it. And if so, what exactly can you do?  

Smoking laws for rentals vary on location

The answer to this question very much depends on where your rental property is located. There’s no federal law that limits an individual’s right to smoke cigarettes (or cigars or pipes for that matter) in their own home, even if they’re renting it. On the other hand, there are state and local laws that might provide some guidance to property owners.

As is always the case when we discuss matters of law, we strongly advise that you consult with a local attorney before taking any action. But the bottom line is that you can prohibit smoking on your property if you want to. In California, for instance, property owners have the right to ban smoking on their property altogether. (For information on the laws in other states, this link is a good place to start.)     

How to ban smoking in a rental property

It’s best to do this by inserting a no-smoking clause into the original lease; there are free online templates to help you do just that. But you can also turn your place into a no-smoking building in the middle of your resident’s lease. 

If you DO convert your home into a smoke-free property mid-lease, residents can continue to smoke until it’s time to renew.  Also according to Californian law, you have to delineate your rules on smoking in the lease itself — so if the smoker does choose to renew, you have to make sure the language of the lease reflects the change in policy. 

Despite the fact that you will be providing your residents with the written rules, we also advise you to have an open conversation before anyone signs anything. Reinforce the legal language of the lease. Tell potential tenants if smoking is prohibited altogether on your property (including outdoor areas), or if it’s only prohibited in certain places (in shared spaces, like hallways and entryways, for example). Be as clear as possible. Not only is it helpful for them, but if there’s a problem down the line and you have to enforce the rule, you can feel confident that you fully explained your position. If it’s in the lease, then the conversation is only a friendly gesture.

Which leads to another question…

What can a property owner do to enforce no-smoking rules? 

There are dramatic actions you can take. You can sue the resident, or even try to evict them. But really, considering the stress and legal fees these more dramatic steps might incur, your best option might be to use the resident’s security deposit to finance a deep clean at the end of the lease.

We recommend consulting with a local lawyer to find out exactly what your options are in such a circumstance. 

How does Belong protect rental homes from smoke damage?

Difficult situations like these, that can be both time-consuming and costly, are part of the reason why so many people choose not to self-manage their own property. When you work with Belong, you can rest assured that we’ll do everything we can to make sure situations like this don’t occur in the first place. We personally interview every resident, are super-careful when it comes to articulating your smoking policy when we draw up your lease. And if, despite our best efforts, the worst happens — we’ll enforce your rules to the maximum extent of the law.  

See why thousands of US homeowners are ditching outdated Property Management in San Francisco, San Diego, Los Angeles, Tampa, Jacksonville, Concord, Berkeley, Orlando and more.