One of the first things Chicopee rental property owners have to decide is whether to ban smoking in or on their rental property. There are many good reasons to put such a ban in place, from lessening property damage to avoiding conflicts with neighbors. No-smoking policies today are a bit more complicated than before, thanks to the popularity of vaping and e-cigarettes and changing laws about marijuana. Let’s examine further no-smoking policies and how to write one for your lease documents.
Can I Legally Ban Smoking on My Rental Property?
The most crucial fact about no-smoking policies is that smokers are not protected under federal Fair Housing law. That indicates 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. But it’s critical to look into your state and local laws for specific regulations or restrictions.
State and Federal Smoking Laws
Some states have laws that regulate or boycott smoking in certain areas, such as in public buildings or multi-unit residences. In those scenarios, it would be necessary for rental property owners with properties in these categories to add a no-smoking clause in the lease agreement. Furthermore, some states have made laws about where and how tenants can use marijuana for medical or recreational purposes. These laws could change your no-smoking policy, so you should think about them.
Along with state laws, federal laws restrict smoking in some subsidized housing units and buildings with federally-backed mortgages. It’s also important to remember that marijuana use is still illegal under federal law, no matter what state laws say. That includes medical marijuana. To avoid potential federal charges, you need to disallow all kinds of smoking on your property.
Creating a No-Smoking Policy for Your Lease Agreement
Creating a no-smoking policy for your rental properties starts with making a few choices. Initially, think about where you want to allow smoking on your rental property (if at all). Some landlords only ban smoking inside the house, while others also extend the prohibition to outdoor spaces.
Next, consider what substances you want to include in your no-smoking policy. In addition to traditional cigarettes, will you ban vaping and e-cigarettes? Will you allow medical marijuana use, even if it’s smoked?
Once you have a clear idea of your policy, it’s time to draft it and includes it in your lease agreement. Be sure to clearly state the rules and any potential consequences for violating the policy, such as fines or eviction. It’s also a good idea to include language stating that the policy may be amended in the future to comply with any new state or federal laws.
Implementing and Enforcing Your No-Smoking Policy
Once you have a no-smoking policy in place, it’s advisable to address this policy with tenants both during the screening process and with those currently renting from you.
Once the policy is implemented, Chicopee property managers must consistently enforce it for all tenants. This means addressing violations right away and always applying any penalties outlined in the lease agreement. It’s also beneficial to occasionally remind tenants of the policy via newsletters or email reminders.
No-smoking policies can assist you in protecting your rental property and avoiding conflicts with neighbors. By recognizing your rights and making a clear policy, you can incorporate a no-smoking clause in your lease agreement.
The experts at Real Property Management Bay State West know a lot about 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.
