Do landlords allow smoking?

For the majority of landlords, smoking indoors is a big no-no. In most tenancy agreements, smoking will be prohibited as the damage and issues it can cause are deemed too high. Nonetheless, this doesn’t stop some tenants from flouting the rules and smoking indoors regardless.

Can a tenant smoke in a rental unit?

Tenant Rights to Smoke Cigarettes or Marijuana in Rental Units Federal, state, and local laws, as well as your lease or rental agreement, can restrict or ban smoking in a rental unit. By Ann O’Connell, Attorney You just signed a lease that has a no-smoking clause.

Can a condominium be leased as a residence?

Despite the restrictions, residential condominium leasing is a common practice. Investors often buy condos just to lease them as residences, or for things like timeshares.

How can I tell if my Landlord has a no smoking policy?

Landlords typically inform tenants of a no-smoking policy or smoking restrictions through a clause in their lease or rental agreement. Most likely, such a clause applies to smoking of any sort, not just tobacco, but if you’re not sure, ask your landlord—preferably before you sign anything.

Can a landlord evict a tenant for smoking marijuana?

Whether a landlord will be able to evict a tenant for smoking marijuana based solely on the illegal activity clause depends on the circumstances. Many judges won’t evict when the tenant doesn’t have a history of breaking the law and the illegal act is relatively minor (especially if marijuana is legal under state law).

Can a landlord put a no smoking clause in a lease?

No Smoking Clause in Lease Agreement As long as the smoking restrictions are included in the lease agreement, most states will back up the landlord’s rights to create a smoke-free environment at the rental property. Generally, you can establish the conditions on where and if a tenant can smoke. The strictness of the restrictions is up to you.

Can a condo association change the smoking rules?

In fact, a condo association can implement smoke-free rules as well. While your management company won’t usually be able to change the rules regarding smoking in the middle of your lease, many landlords shifting to a smoke-free environment simply introduce those restrictions as each lease comes up for renewal.

Can a landlord tell you not to smoke in your apartment?

Are there restrictions on smoking in rental properties?

These issues provide an incentive for many landlords, and even local governments, to create restrictions on smoking in multi-unit buildings. It turns out smokers have few, if any, rights with regard to smoking restrictions in multi-unit housing. Restrictions aren’t even necessarily limited to rental properties.