One of the decisions that Trenton rental property owners should make in the beginning is whether to ban smoking in or on their rental property. There are a lot of compelling reasons to put such a ban in place, from decreasing property damage to avoiding conflicts with neighbors. No-smoking policies today are a bit more complicated than before, thanks to the fame of vaping and e-cigarettes and changing laws regarding marijuana. Let’s look at no-smoking policies and how to make one for your lease documents.
Can I Legally Ban Smoking in My Rental Property?
The most essential thing concerning no-smoking policies is that smokers are not protected under federal Fair Housing law. That specifies 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. Though, it’s necessary to verify your state and local laws for specific regulations or restrictions.
State and Federal Smoking Laws
Several states have laws that prohibit or ban smoking in some areas, namely in public buildings or multi-unit residences. In those cases, it would be needed for rental property owners with properties in these categories to have a no-smoking clause in the lease agreement. Besides, some states have enacted laws mainly confronting where and how tenants can use marijuana for medical or recreational purposes. These laws may influence your no-smoking policy and should be taken into consideration.
Besides state laws, federal laws restrict smoking in some subsidized housing units and buildings with federally-backed mortgages. It’s moreover significant to specify that marijuana use is still illegal under federal law, irrespective of state laws. That includes medical marijuana. To eliminate possible federal charges, it may be good to disallow smoking of all kinds on your property.
Creating a No-Smoking Policy for Your Lease Agreement
Making a no-smoking policy for your rental properties begins with establishing a series of decisions. Initially, think of where you want to allow smoking on your rental property (if at all). A lot of landlords only bar smoking inside the house, while others additionally extend the ban to outdoor spaces.
Then, deem what substances you want to include in your no-smoking policy. Together with traditional cigarettes, will you forbid vaping and e-cigarettes? Will you permit medical marijuana use, even if it’s smoked?
When you have a sure and clear idea of your policy, it’s time to create it and put it in your lease agreement. Ensure to clearly state the rules and any expected consequences for violating the policy, particularly fines or eviction. It’s further a great thought to include language stating that the policy may be amended in the future to adhere to any new state or federal laws.
Implementing and Enforcing Your No-Smoking Policy
If your no-smoking policy is in place, it’s relevant to address this policy with tenants both during the screening process and with those currently renting from you.
In case the policy is in place, Trenton property managers have to consistently enforce it for all tenants. This specifies speedily addressing violations and often applying any penalties outlined in the lease agreement. It’s similarly a right idea to, at times, remind tenants of the policy through newsletters or email reminders.
No-smoking policies can make a big difference in protecting your rental property and avoiding conflicts with neighbors. By comprehending your rights and establishing a definite policy, you can surely incorporate a no-smoking clause in your lease agreement.
The professionals at Real Property Management Main are well-versed in no-smoking policies and how to implement them into a lease contract. Contact us online if you have further 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.
