One of the decisions that Babylon rental property owners may make at the beginning is whether to ban smoking in or on their rental property. There are a whole lot of persuasive reasons to put such a ban in place, from lowering property damage to avoiding conflicts with neighbors. No-smoking policies today are a bit more complicated than before, thanks to the prevalence of vaping and e-cigarettes and changing laws regarding marijuana. Let’s look closely at no-smoking policies and how to develop one for your lease documents.
Can I Legally Ban Smoking in My Rental Property?
The most significant thing concerning no-smoking policies is that smokers are not protected under federal Fair Housing law. That points out 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. Nonetheless, it’s essential to inspect your state and local laws for specific regulations or restrictions.
State and Federal Smoking Laws
Particular states have laws that disallow or ban smoking in a few areas, like in public buildings or multi-unit residences. In those cases, it would be vital for rental property owners with properties in these categories to include a no-smoking clause in the lease agreement. Moreover, some states have enacted laws exactly about where and how tenants can use marijuana for medical or recreational purposes. These laws may affect your no-smoking policy and should be taken into consideration.
Apart from state laws, federal laws restrict smoking in some subsidized housing units and buildings with federally-backed mortgages. It’s likewise essential to point out that marijuana use is still illegal under federal law, doesn’t matter the state laws. That includes medical marijuana. To get away from conceivable federal charges, it may be suitable to restrict smoking of all kinds on your property.
Creating a No-Smoking Policy for Your Lease Agreement
Forming a no-smoking policy for your rental properties starts with making a series of decisions. First of all, check into where you want to allow smoking on your rental property (if at all). The majority of landlords only disallow smoking inside the house, while others similarly extend the ban to outdoor spaces.
Subsequently, think about what substances you want to include in your no-smoking policy. Not just traditional cigarettes, will you banish vaping and e-cigarettes? Will you enable medical marijuana use, even if it’s smoked?
By the time you have a really clear idea of your policy, it’s time to formulate and incorporate it into your lease agreement. Make it a point to clearly state the rules and any possible consequences for violating the policy, like, for instance, fines or eviction. It’s furthermore a brilliant idea to include language stating that the policy may be amended in the future to adjust to any new state or federal laws.
Implementing and Enforcing Your No-Smoking Policy
When your no-smoking policy is in place, it’s significant to address this policy with tenants both during the screening process and with those currently renting from you.
When the policy is in place, Babylon, property managers must continually enforce it for all tenants. This points out swiftly addressing violations and consistently applying any penalties outlined in the lease agreement. It’s moreover a great idea to, every so often, remind tenants of the policy through newsletters or email reminders.
No-smoking policies can be very essential for protecting your rental property and avoiding conflicts with neighbors. By knowing well your rights and implementing a fair and clear policy, you can, with confidence, incorporate a no-smoking clause in your lease agreement.
The professionals at Real Property Management Unlimited are well-informed about no-smoking policies and how to implement them into a lease contract. Contact us online if you have any more 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.
