The choice of whether to ban smoking in or on their rental property is one that Winter Haven rental property owners must determine early on. The reasons for adopting such a ban range from reducing property damage to avoiding conflicts with neighbors. No-smoking policies today are a bit more complicated than before due to the popularity of vaping and e-cigarettes and changing laws about marijuana. Let’s examine more deeply no-smoking policies and how to design one for your lease documents.
Can I Legally Ban Smoking on My Rental Property?
The most critical component of no-smoking policies is that smokers are not protected under federal Fair Housing law. That signifies 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. Yet, it’s crucial to verify your state and local laws for specific regulations or restrictions.
State and Federal Smoking Laws
Some states have laws that restrict or ban smoking in certain areas, such as in public buildings or multi-unit residences. In those cases, it would be mandatory for rental property owners with properties in these categories to include a no-smoking clause in the lease agreement. Additionally, some states have enacted laws specifically addressing where and how tenants can use marijuana for medical or recreational purposes. These laws may impact 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 also vital to comprehend that marijuana use is still illegal under federal law, irrespective of state laws. That includes medical marijuana. It may be advisable to prohibit all kinds of smoking on your property to avoid potential federal charges.
Creating a No-Smoking Policy for Your Lease Agreement
Making several judgments is the first stage in implementing a no-smoking policy for your rental properties. First, determine where you want to allow smoking on your rental property (if at all). While some landlords only restrict smoking inside the house, others also extend the restriction to outdoor spaces.
After that, determine what substances you want to include in your no-smoking policy. Along with traditional cigarettes, will you ban vaping and e-cigarettes? Will you support the use of medical marijuana, even if it’s smoked?
Once you have a strong grasp of your policy, it’s time to write it down and incorporates it into your lease agreement. Don’t forget to clearly state the rules and any possible sanctions for violating the policy, like fines or eviction. It’s also a good option to include language stating that the policy may be amended in the future to abide by any new state or federal laws.
Implementing and Enforcing Your No-Smoking Policy
Once your no-smoking policy is enacted, you must address this policy with tenants both during the screening process and with those currently renting from you.
Once the policy is in place, Winter Haven property managers must consistently enforce it for all tenants. This includes promptly addressing violations and consistently applying any penalties outlined in the lease agreement. It’s also a smart option to occasionally remind tenants of the policy using newsletters or email reminders.
No-smoking policies can assist you in securing your rental property and avoiding conflicts with neighbors. If you understand your rights and have a clear policy, you can confidently incorporate a no-smoking clause in your lease agreement.
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.