One of the decisions that Malvern rental property owners should make at the start is whether to ban smoking in or on their rental property. There are several valid 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 reputation of vaping and e-cigarettes and changing laws as regards marijuana. Let’s check out no-smoking policies and how to create one for your lease documents.
Can I Legally Ban Smoking in My Rental Property?
The most vital thing for no-smoking policies is that smokers are not protected under federal Fair Housing law. That implies 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. Although, it’s relevant to examine your state and local laws for specific regulations or restrictions.
State and Federal Smoking Laws
Certain states have laws that bar or ban smoking in several areas, for instance in public buildings or multi-unit residences. In those cases, it would be necessary for rental property owners with properties in these categories to incorporate a no-smoking clause in the lease agreement. In addition, some states have enacted laws primarily regarding where and how tenants can use marijuana for medical or recreational purposes. These laws may affect your no-smoking policy and should be taken into consideration.
Along with state laws, federal laws restrict smoking in several subsidized housing units and buildings with federally-backed mortgages. It’s further vital to take note that marijuana use is still illegal under federal law, disregarding state laws. That includes medical marijuana. To abstain from prospective federal charges, it may be excellent to forbid smoking of all kinds on your property.
Creating a No-Smoking Policy for Your Lease Agreement
Having a no-smoking policy for your rental properties all starts with actually making a series of decisions. Primarily, look into where you want to allow smoking on your rental property (if at all). Several landlords only hinder or ban smoking inside the house, while others, in like manner, extend the ban to outdoor spaces.
Further, assess what substances you want to include in your no-smoking policy. Other than traditional cigarettes, will you restrict vaping and e-cigarettes? Will you accept medical marijuana use, even if it’s smoked?
As soon as you have a very clear idea of your policy, it’s time to make it and have it written in your lease agreement. Make sure to clearly state the rules and any plausible consequences for violating the policy, like fines or eviction. It’s likewise an excellent thought 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
In case your no-smoking policy is in place, it’s crucial to address this policy with tenants both during the screening process and with those currently renting from you.
When the policy is in place, Malvern, property managers do have to regularly enforce it for all tenants. This implies swiftly addressing violations and repeatedly applying any penalties outlined in the lease agreement. It’s equally nice thinking to periodically remind tenants of the policy through newsletters or email reminders.
No-smoking policies can be of great value in protecting your rental property and avoiding conflicts with neighbors. By perceiving your rights and setting up a clear and fair policy, you can positively incorporate a no-smoking clause in your lease agreement.
The professionals at Real Property Management Varanasi are familiar with 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.