Tenants who smoke often argue that they should be allowed to do so within the privacy of their homes and consider the banning of such a violation of bodily autonomy. Landlords argue that while a tenant is living there, the property is not technically theirs and therefore they don’t have the final say on what can and can’t occur. It is thought that allowing smoking can put future nonconsenting tenants in harm’s way, but shouldn’t people be allowed to do what they want in their own homes? Either way, should you allow smoking in your rental property?
Why Some Landlords Say No to Smoking
The main reasons why landlords don’t allow smoking in their rentals typically fall into two categories: health concerns and property damage. For multifamily units, smoke can easily transfer through shared walls or vents. Additionally, smoke stays in curtains, walls, floors, and ceilings. Smoke does pose a health concern to future tenants. While the current tenant may consent to smoking and the health concerns that come with it, other future tenants may not.
Because smoke sticks to everything, any porous surface material can become stained with soot, and the smell can last for many years. The deep cleaning process for it is costly. Allowing smoking also increases the risk of accidental fires, which subsequently makes insurance policies pricier.
What’s the Law?
While the law protects certain classes, such as sex, gender, race, and others, there is no housing law that protects smokers. As long as there is a no-smoking policy in the lease agreement, landlords are fully within their legal right to ban smoking within their property. And if a tenant does smoke in a no-smoking rental, they can be held responsible for any damages incurred as long as there is proof of damage. The same laws and schools of thought apply to marijuana, even if the tenant has a medical marijuana license.
Is There a Way To Compromise?
When asking yourself whether you should allow smoking in your rental property, you must consider what you are and aren’t comfortable with. It is understandable that some landlords do not want to stick to a rigid answer of yes or no, as both sides of the argument are understandable. The good news is that there are ways to compromise; it all comes down to your lease agreement and the policies set in place.
If you feel inclined, you can allow people to smoke only in certain areas of the property, such as the patio or balcony. If you own a multifamily unit, you can have designated smoking areas indoors or outdoors. It simply depends on what you’re comfortable with.
If you’re having trouble crafting a no-smoking policy for your lease agreement, are having trouble managing tenants, or need help booking a cleaning service, we’re here to help. Excalibur Homes is a property management company located in Marietta, Georgia. We’re committed to helping you with your responsibilities as a landlord.
