One of the decisions that Bonney Lake rental property owners will have to make, firstly, is whether to ban smoking in or on their rental property. There are various strong reasons to put such a ban in place, from preventing property damage to avoiding conflicts with neighbors. No-smoking policies today are a bit more complicated than before, thanks to the emergence and popularity of vaping and e-cigarettes and changing laws with respect to marijuana. Let’s look more closely at no-smoking policies and how to make one for your lease documents.
Can I Legally Ban Smoking in My Rental Property?
The most critical thing in connection with no-smoking policies is that smokers are not protected under federal Fair Housing law. That denotes 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. Hence, it’s significant to research your state and local laws for specific regulations or restrictions.
State and Federal Smoking Laws
Various states have laws that hinder or ban smoking in quite a few areas, particularly in public buildings or multi-unit residences. In those cases, it would be much needed for rental property owners with properties in these categories to set up a no-smoking clause in the lease agreement. Plus, some states have enacted laws precisely dealing with where and how tenants can use marijuana for medical or recreational purposes. These laws may greatly affect your no-smoking policy and should be taken into consideration.
Together with state laws, federal laws restrict smoking in some subsidized housing units and buildings with federally-backed mortgages. It’s additionally imperative to denote that marijuana use is still illegal under federal law, regardless of state laws. That includes medical marijuana. To prevent future federal charges, it may be perfect to bar smoking of all kinds on your property.
Creating a No-Smoking Policy for Your Lease Agreement
Establishing a no-smoking policy for your rental properties begins with making a series of decisions. Take into consideration where you want to allow smoking on your rental property (if at all). Various landlords only disallow smoking inside the house, while others moreover extend the ban to outdoor spaces.
Thereafter, look into what substances you want to include in your no-smoking policy. Besides traditional cigarettes, will you hinder vaping and e-cigarettes? Will you approve medical marijuana use, even if it’s smoked?
If you have a definite idea of your policy, it’s time to make it and add it to your lease agreement. Be certain to clearly state the rules and any probable consequences for violating the policy, namely fines or eviction. It’s in like manner the right idea to include language stating that the policy may be amended in the future to follow any new state or federal laws.
Implementing and Enforcing Your No-Smoking Policy
Whenever your no-smoking policy is in place, it’s essential to address this policy with tenants both during the screening process and with those currently renting from you.
When the policy is in place, Bonney Lake property managers should regularly enforce it for all tenants. This denotes instantly addressing violations and always applying any penalties outlined in the lease agreement. It’s likewise a great thought to, once in a while, remind tenants of the policy through newsletters or email reminders.
No-smoking policies can be of great importance in protecting your rental property and avoiding conflicts with neighbors. By knowing your rights and making a clear policy, you can, with confidence, incorporate a no-smoking clause in your lease agreement.
The professionals at Real Property Management Excelled are completely knowledgeable about no-smoking policies and how to implement them into a lease contract. Contact us online if you have additional 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.
