One of the initial decisions that Plantation rental property owners should make is whether to ban smoking in or on their rental property. There are numerous valid reasons to impose such a ban in place, from minimizing property damage to avoiding conflicts with neighbors. No-smoking policies today are a bit more complicated than before, thanks to the arrival of vaping and e-cigarettes and shifting laws about marijuana. Let’s examine in more detail no-smoking policies and how to establish one for your lease documents.
Can I Legally Ban Smoking on My Rental Property?
The most critical part about no-smoking policies is that smokers are not protected under federal Fair Housing law. That indicates that as long as the ban is applied consistently to all tenants and does not discriminate against a protected class, you can include a no-smoking policy in your lease agreement. Nevertheless, reviewing your state and local laws for specific regulations or restrictions is critical.
State and Federal Smoking Laws
A few states have laws that restrict or prohibit smoking in specific areas, like in public buildings or multi-unit residences. In those events, rental property owners with properties in these categories would need to incorporate a no-smoking clause in the lease agreement. Additionally, some states have implemented laws governing where and how tenants can use marijuana for medical or recreational purposes. These laws may have an impact on your no-smoking policy and should be considered.
In addition to state laws, federal laws restrict smoking in certain subsidized housing units and buildings with federally-backed mortgages. It’s also important to remember that marijuana use is still illegal under federal law, notwithstanding state laws. That includes medical marijuana. To prevent potential federal charges, it may be advisable to ban all forms of smoking on your property.
Creating a No-Smoking Policy for Your Lease Agreement
Developing a no-smoking policy for your rental properties starts with making a series of decisions. To begin, consider where you want to allow smoking on your rental property (if at all). Some landlords only forbid smoking inside the house, while others also extend the ban to outdoor spaces.
Then, think about what substances you want to include in your no-smoking policy. In addition to traditional cigarettes, will you outlaw vaping and e-cigarettes? Will you legalize the use of medical marijuana, even if it’s smoked?
Once you have a thorough understanding of your policy, it’s time to write it and add it to your lease agreement. Remember to clearly state the rules and any possible punishments for violating the policy, such as fines or eviction. Plus, it is recommended to include language stating that the policy may be amended in the future to obey any new state or federal laws.
Implementing and Enforcing Your No-Smoking Policy
Once your no-smoking policy is in place, it’s important to address this policy with tenants both during the screening process and with those currently renting from you.
Once the policy is in place, Plantation, property managers must consistently enforce it for all tenants. This means promptly addressing violations and consistently applying any penalties outlined in the lease agreement. It’s also a good idea to occasionally remind tenants of the policy through newsletters or email reminders.
No-smoking policies can aid you in securing your rental property and avoiding conflicts with neighbors. By understanding your rights and adopting a clear policy, you can safely incorporate a no-smoking clause in your lease agreement.
The professionals at Real Property Management Forte are well-informed about no-smoking policies and how to implement them into a lease contract. Contact us online if you have any other questions.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
