Can a Landlord Prohibit Smoking on Their Property?

November 13th, 2006 · Comment Here · Real Estate Investing, Rental Tips

Is it true that it’s possible to agree in a lease that there can’t be any smoking inside the rental property but that I can’t refuse to rent my property out to smokers? My situation is that I have tenants that are smokers who, although they don’t smoke inside, they do smoke in the common areas and they leave cigarette butts all over the ground, sometimes near my other tenant’s front doors and even rose beds! They haven’t bothered to clean them up up to this point, I guess we’ll see if they clean them up when they move out. So, after this situation, I really would like to deny tenancy to anyone that smokes or at the minimum completely prohibit smoking anywhere on the premises. Can either of these be done?

- O.L. Homestead, Florida

Smoking is a lawful activity, but it still may be restricted on private property depending on the rules set in place by the property owner or on public property by regulations or laws. You, as the owner, are fully capable under law to limit smoking at your property. Keep in mind that people who smoke are not a protected class of individuals (like religion or race). However, they should still not be referenced as a group when making your leasing rules since you don’t want to stigmatize anyone. What you do is just include these new smoking restrictions in any new lease you make. These new rules will now apply to anyone on the property, including visitors. If you have tenants on month-to-month tenancies you will need to give them a change of terms of tenancy notice with your new smoking prohibition rules.