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A Rental Property Owner’s Guide to No-Smoking Policies

Plainsboro Renter Smoking Indoors with an Ashtray Full of Cigarette ButtsThe decision whether to ban smoking in or on their rental property is one that Plainsboro rental property owners must decide early on. There are several good reasons for enacting such a ban in place, from minimizing property damage to avoiding conflicts with neighbors. No-smoking policies today are a bit more complicated than before because of the rise of vaping and e-cigarettes and changing laws about marijuana. Let’s examine more closely no-smoking policies and how to develop one for your lease documents.

Can I Legally Ban Smoking on My Rental Property?

The most important thing about no-smoking policies is that smokers are not protected under federal Fair Housing law. That signifies 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. However, it’s important to check your state and local laws for specific regulations or restrictions.

State and Federal Smoking Laws

Several states have laws that control or outlaw smoking in specific areas, such as in public buildings or multi-unit residences. In those situations, the inclusion of a no-smoking clause in the lease agreement would be required for rental property owners with properties in these categories. In addition, some states have passed laws defining where and how tenants can use marijuana for medical or recreational purposes. These laws need to be taken into account as they can affect your no-smoking policy.

On top of state laws, federal laws restrict smoking in some subsidized housing units and buildings with federally-backed mortgages. It’s also critical to understand that marijuana use is still illegal under federal law, despite state laws. That includes medical marijuana. It may be preferable to outlaw all forms of smoking on your property to avoid potential federal charges.

Creating a No-Smoking Policy for Your Lease Agreement

Making a number of decisions is the first step in establishing a no-smoking policy for your rental properties. First, decide where you want to allow smoking on your rental property (if at all). While some landlords only prohibit smoking inside the house, others also extend the ban to outdoor spaces.

Second, decide what substances you want to include in your no-smoking policy. Along with traditional cigarettes, will you outlaw vaping and e-cigarettes? Will you permit medical marijuana use, even if it’s smoked?

Once you have a firm understanding of your policy, it’s time to compose it and incorporate it into your lease agreement. Be sure to clearly state the rules and any potential consequences for violating the policy, such as fines or eviction. It’s also a smart option 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

Once your no-smoking policy is in position, it’s necessary to address this policy with tenants both during the screening process and with those currently renting from you.

Once the policy is prepared, Plainsboro property managers must uniformly enforce it for all tenants. This entails promptly addressing violations and consistently applying any penalties outlined in the lease agreement. It’s also an excellent idea to occasionally remind tenants of the policy through newsletters or email reminders.

No-smoking policies can assist you in safeguarding your rental property and avoiding conflicts with neighbors. If you are aware of your rights and have a clear policy, you can easily incorporate a no-smoking clause in your lease agreement.


The experts at Real Property Management All-Star are knowledgeable about 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.

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