One of the decisions that Key Largo rental property owners should make, at the very beginning, is whether to ban smoking in or on their rental property. There are quite a lot of sound reasons to put such a ban in place, from diminishing property damage to avoiding conflicts with neighbors. No-smoking policies today are a bit more complicated than before, thanks to the new and popular trend of vaping and e-cigarettes and changing laws for marijuana. Let’s look a little closer at no-smoking policies and how to produce one for your lease documents.
Can I Legally Ban Smoking in My Rental Property?
The most imperative thing as regards no-smoking policies is that smokers are not protected under federal Fair Housing law. That entails 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. Moreover, it’s crucial to look over your state and local laws for specific regulations or restrictions.
State and Federal Smoking Laws
Different states have laws that ban or do not allow smoking in various areas, the same with public buildings or multi-unit residences. In those cases, it would be required for rental property owners with properties in these categories to include a no-smoking clause in the lease agreement. Other than that, some states have enacted laws, especially about 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.
Other than state laws, federal laws restrict smoking in various subsidized housing units and buildings with federally-backed mortgages. It’s, in like manner, critical to indicate that marijuana use is still illegal under federal law, heedless of state laws. That includes medical marijuana. To keep away from plausible federal charges, it may be great to hinder smoking of all kinds on your property.
Creating a No-Smoking Policy for Your Lease Agreement
Setting up a no-smoking policy for your rental properties starts with making a series of decisions. First and foremost, deem where you want to allow smoking on your rental property (if at all). Quite a lot of landlords only forbid smoking inside the house, while others further extend the ban to outdoor spaces.
Thereupon, take into account what substances you want to include in your no-smoking policy. Along with traditional cigarettes, will you also not allow vaping and e-cigarettes? Will you grant medical marijuana use, even if it’s smoked?
Once you have a pretty clear idea of your policy, it’s time to put it together and integrate it into your lease agreement. Keep in mind to clearly state the rules and any prospective consequences for violating the policy, for instance, fines or eviction. It’s also a great idea to include language stating that the policy may be amended in the future to conform with any new state or federal laws.
Implementing and Enforcing Your No-Smoking Policy
As soon as your no-smoking policy is in place, it’s necessary to address this policy with tenants both during the screening process and with those currently renting from you.
Supposing the policy is in place, Key Largo, property managers will have to consistently enforce it for all tenants. This entails quickly addressing violations and regularly applying any penalties outlined in the lease agreement. It’s furthermore an excellent thought to, once in a while, 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 apprehending your rights and having a straightforward and clear policy, you can incorporate a no-smoking clause in your lease agreement.
The professionals at Real Property Management Allegiance are completely informed about no-smoking policies and how to implement them into a lease contract. Contact us online if you have any other 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.