Can a landlord say that he does not rent to smokers?

Can a landlord say that he does not rent to smokers?

Yes, a landlord can legally refuse to rent to smokers. Smoking is not a protected class under federal fair housing laws, so landlords have the right to establish a no-smoking policy for their rental properties. This means that a landlord can include a no-smoking clause in the lease agreement and refuse to rent to anyone who smokes.

FAQs about landlords refusing to rent to smokers:

1. Is it discrimination for a landlord to refuse to rent to smokers?

No, it is not considered discriminatory for a landlord to refuse to rent to smokers because smoking is not a protected class under federal fair housing laws.

2. Can a landlord ask potential tenants if they smoke during the application process?

Yes, a landlord can ask potential tenants if they smoke as part of the screening process. This information helps them determine whether the tenant is a good fit for a no-smoking property.

3. Can a landlord evict a tenant for smoking in a no-smoking property?

Yes, if a tenant violates the lease agreement by smoking in a no-smoking property, the landlord has the right to evict them. The no-smoking policy is considered a reasonable rule that tenants must follow.

4. Can a landlord charge smokers a higher security deposit?

No, charging smokers a higher security deposit would likely be considered discriminatory. It is best for landlords to apply the same rules and fees to all tenants, regardless of whether they smoke or not.

5. Can a landlord designate certain units in a building as non-smoking while allowing smoking in others?

Yes, a landlord can designate certain units as non-smoking while allowing smoking in others. This allows landlords to accommodate both smokers and non-smokers within the same property.

6. Can a landlord set up designated smoking areas on the property?

Yes, a landlord can set up designated smoking areas on the property to accommodate tenants who smoke. This can help prevent smokers from violating the no-smoking policy in common areas.

7. Can a landlord prohibit smoking outdoors on the property?

Yes, a landlord can prohibit smoking outdoors on the property if they have established a no-smoking policy for the entire premises. This policy would apply to all areas within the property.

8. Can a landlord refuse to rent to smokers for health reasons?

Yes, a landlord can refuse to rent to smokers for health reasons, such as concerns about secondhand smoke exposure or potential damage to the property. This falls within their rights as a property owner.

9. Can a landlord change a no-smoking policy after a tenant has already moved in?

A landlord can change a no-smoking policy for future tenants, but it may be more challenging to enforce the policy for current tenants who signed a lease agreement allowing smoking. It is best to consult with legal counsel before making any changes.

10. Can a landlord include a no-smoking clause in a lease agreement if the property already allows smoking?

Yes, a landlord can update the lease agreement to include a no-smoking clause, even if the property previously allowed smoking. Tenants would be required to abide by the new terms when renewing their lease.

11. Can a landlord refuse to rent to smokers in states where smoking is a protected class?

Even in states where smoking is considered a protected class, landlords may still be able to enforce a no-smoking policy for their rental properties. It is important for landlords to understand the specific laws in their state regarding smoking discrimination.

12. Can a landlord provide resources or support to help tenants quit smoking?

Yes, a landlord can provide resources or support to help tenants quit smoking as part of a wellness program. This proactive approach can benefit the health and well-being of tenants while still maintaining a no-smoking policy.

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