An owner of
rental property including single-family residences and multi-unit apartment
buildings can legally prohibit smoking in and around their properties just like
they can prohibit pets, too many guests, or too much noise. In addition to the obvious health related
reasons and rationale for eliminating smoking in rental units by reducing or
preventing exposure to secondhand smoke, a no-smoking policy can also reduce
risks of fire which may lead to reduced insurance premiums for the
properties. Another benefit is that
there may be a lower number of turnovers and a lower maintenance load on the
building by eliminating smoking on and around the property. The bottom line is that a property manager,
landlord, or property owner all have the legal right to prohibit smoking in and
around a rental property and should for all of the properties under ownership
or management.
Property Managers Can Prohibit
Smoking in Common Areas
Common areas
like walkways, hallways, lobby areas, swimming pool areas, spa rooms, and other
gathering rooms are all places where a property manager can also prohibit
smoking. A prohibition on smoking in
common areas is remarkably similar to other common area rules like restricted
hours for pool or spa use, hours for the laundry room, noise restrictions, or a
requirement that children must be accompanied by a parent at the common area
pool.
Property Managers Can Prohibit Smoking
in Individual Units
Similar to
restrictions on pets, numbers of guests, excessive noise and the like a
property manager or property management company can prohibit smoking in a
rental unit. The restriction would be
drafted right into the lease or rental agreement. A violation of the restriction would be
treated just like a non-paying tenant complete with a three-day notice and an
eviction proceeding if the tenant was defiant and continued to smoke in
violation of the restriction.
If a
property manager took over a unit where smoking were permitted and a policy
change were desired the property manager can amend the lease or rental
agreement to reflect the new policy. If
the tenant were on a 12-month lease then the amendment would take effect at the
end of that term. If the tenant were on
a month-to-month agreement then the amendment would take effect after 30 days
had passed from the date of notification to the tenant. In either instance the property manager has
the right to amend the lease and restrict the tenant from smoking.
Balconies and Patios Can Also be Off
Limits to Smoking
In addition
to inside unit restrictions a property manager may restrict smoking on
balconies, patios, and any surrounding areas adjacent to a rental unit. A clear and concise statement in the lease or
rental agreement that specifically details a strict no-smoking policy for the
rental unit and describes the particular areas where smoking is prohibited must
be inserted into the lease or rental agreement.
A Smoke-Free Environment is Legal and
Not Discriminatory
It is not a
violation of Fair Housing laws to prohibit smoking inside of or around rental
units. In fact, property managers should
promote the fact that their properties are smoke-free environments for several
reasons. First, a smoke-free environment
will help promote healthy living.
Second, a smoking restriction will help attract potential tenants who
are looking to be in a smoke-free environment.
Third, a non-smoking policy will help reduce risks fire and will reduce
maintenance costs over time.
Conclusion
Californians
have existing protections from exposure to smoke, second-hand smoke and smoking
in general in places of employment, restaurants, and recreational facilities,
however, there are no state laws restricting smoking at rental units. Even though the state doesn’t restrict folks
from smoking in their rental units property managers can and should require
these restrictions. All parties benefit
by a non-smoking policy, even those who smoke as they will find themselves less
likely to smoke the more difficult it becomes.
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