Landlord’s Guide to Rental Smoking Policies

By: ROS Team

Did you know that nearly 12% of U.S. adults (28.3 million people) still smoke cigarettes? Secondhand smoke exposure can be a serious health hazard for tenants, and cigarette smoke can damage your property. As a landlord, creating a no-smoking policy can protect your investment and the well-being of your tenants.

In this guide, we’ll explore the benefits of no-smoking policies and answer frequently asked questions about smoking in apartments.

Can I Legally Ban Smoking in My Rental Property?

The majority of places allow property owners to prohibit smoking within their rental premises. A no-smoking clause can be incorporated into lease agreements, applicable to new tenants as well as existing month-to-month renters with reasonable prior notice. However, it is recommended to verify local regulations, as variations may exist.

What Does the Law Say About Rental Smoking Policies?

Federal Laws: No federal law restricts smoking in private rentals for tobacco products. However, public housing does have limitations, typically banning smoking indoors and within 25 feet of buildings.

State and Local Laws: These can significantly impact your policy. Many states and cities have stricter regulations, allowing you to enforce smoke-free policies throughout the property.

Benefits of a No-Smoking Policy — Photo Credit: Canva

Understanding NYC Smoking Laws

The NYC Smoke-Free Air Act has clear guidelines regarding smoking and vaping. It prohibits these activities in common indoor areas of buildings with three or more residential units. This includes lobbies, hallways, stairwells, elevators, and other shared spaces.

However, the law generally allows smoking or vaping within individual apartments or private residences. There are exceptions though. Smoking or vaping is not permitted in areas wherechild day care centers, health care facilities operate, or employees are working during business hours.

Building owners with three or more units must establish a policy on smoking. They must communicate this policy to current and future tenants. While a smoke-free policy within apartments is not mandatory, owners can choose to adopt one. If they do, they are responsible for enforcing compliance with the policy.

Pros and Cons of Rental Smoking Policies

Pros:

Reduced Maintenance Costs: Smoke residue damages walls, ceilings, and carpets. Smoke-free policies mean less cleaning and potentially lower turnover costs.
Lower Fire Risk: Cigarettes are a major fire hazard. Smoke-free buildings can lead to lower insurance premiums.
Wider Tenant Pool: Smoke-free units attract a broader range of potential renters, especially those with health concerns or allergies.
Improved Air Quality: Secondhand smoke exposure is a health risk. Smoke-free buildings protect the health of all residents.

Cons:

Smaller Tenant Pool: Banning smoking might exclude some potential renters.
Enforcement Challenges: Enforcing a smoking ban can be tricky, requiring clear lease terms and procedures for handling violations.

Smokers Rights in Apartments

Smokers rights in apartments are not universal. Neither state nor federal law guarantees individuals the freedom to smoke wherever and whenever they wish.

Smoking bans in rental properties are not considered discriminatory, as laws protecting against discrimination typically do not include smoking as a protected attribute. Therefore, tenants do not have an inherent right to smoke in their rental units.

How to Create Rental Smoking Policies for Your Rental?

Check Local Laws:

Local ordinances might dictate your policy options. Research your city and state regulations regarding smoking in rental properties.

Decide on Your Policy:

Smoke-Free: This is the strictest option, banning smoking throughout the property, including indoors and outdoors within a designated distance (e.g., 25 feet).
Designated Smoking Areas: You can allow smoking in specific outdoor areas, clearly marked and away from building entrances and ventilation systems.

Draft a Clear Policy:

Include the policy in your lease agreement. Here’s what to include:

Stance on Smoking: Clearly state whether the property is smoke-free or allows designated smoking areas.
Covered Substances: Specify if the policy applies to cigarettes, marijuana (if legal in your area), vaping, or all of the above.
- Enforcement Procedures: Outline the consequences of violating the policy, such as fines, lease termination, or security deposit deductions for smoke damage remediation (cleaning, repainting).

Communicate the Policy:

Include the policy in all rental ads.
Review it with potential tenants during showings.
Have them acknowledge and sign off on the policy within the lease agreement.

Enforcement:

Be clear about the evidence you’ll consider a violation (e.g., witness reports, smoke odor, cigarette butts).
Follow a documented procedure for addressing violations, including written warnings and potential escalation to eviction if necessary.

FAQs

What Smoking Products Does a Smoke-Free Policy Include?

A smoke-free policy typically encompasses products like cigarettes, cigars, pipes, marijuana, and even e-cigarettes and vapes to ensure a completely smoke-free environment.

Isn’t It Discriminatory to Deny Someone a Place to Live?

No, not all restrictions are discriminatory. Landlords can have reasonable rules to protect their property and other tenants. Smoke-free policies aim to create a healthy environment and reduce maintenance costs, not discriminate against a specific group.

Don’t Smokers Have a Right to Smoke in Their Own Homes?

Smoking in your own home is generally legal, but there’s a caveat. Rental properties aren’t always considered your own home in this sense. Landlords can restrict smoking to protect health and property, although local laws may influence the specifics.

Can You Smoke in Apartments?

Smoking in apartments depends on the apartment building’s policies. Many buildings now have smoke-free policies banning smoking throughout the property, but some allow smoking in designated areas or individual units. Always check the lease agreement and local laws.

Is It Illegal to Smoke Weed Outside Your Apartment?

New York State legalized adult-use cannabis for people 21 or older. However, whether it’s permitted outside your apartment may depend on the specific rules set by your landlord or building management.

Can You Be Evicted for Smoking Outside?

Generally, no. Eviction for smoking outside is unlikely unless the smoke travels into the building and disrupts other tenants or violates a specific no-smoking policy in your lease that applies to outdoor areas near the property.

Can a Landlord Prohibit Smoking Outside?

In most places, yes. Landlords can include a no-smoking clause in the lease agreement that encompasses the entire property, including outdoor areas. Local laws may influence this, so always check for specific regulations in your area.

Can Tenants Smoke in Rented Property?

It depends on the lease agreement and local laws. Landlords can generally include smoke-free clauses in leases, banning smoking throughout the property. However, some areas might have limitations on enforcing such rules in existing tenancies.

Smoking in Apartments: Takeaway

By implementing a well-crafted no-smoking policy, you can create a healthier living environment for your tenants, protect your property investment, and potentially attract a wider pool of renters. Remember, clear communication and enforcement are key.