“Yikes, my tenant is smoking inside his rental unit! What can I do about it?” Some laws regulate smoking in shared areas, but what about rental properties? Smokers are not protected under the Fair Housing Act or any federal law. This means that as a landlord you have the right to prohibit smoking in your property. Specific regulations around smoking can vary from state-to-state.
As a landlord, there are many factors to consider when renting to a new tenant one of them being whether or not to allow residents to smoke in the rental. Here a list of factors to consider:
Pros:
Renting to smokers can increase the number of potential tenants
Cons:
- Risk of fire: Smoking can start fires or create cigarette burns
- Stains: Cigarette can stain the walls and ceiling of a slight yellow color
- Odor: Smoke gets into the paint, carpets and are extremely hard to get those smells out
- Health implications for future tenants: Toxins are absorbed by the walls, curtains, and carpets and the residues can have health implications for future tenants
