Can Landlords Legally Ban Smoking in a Rental Unit?

Answer

Many landlords wonder whether they can prohibit smoking inside their rental properties to protect other tenants and preserve the unit’s condition. In most jurisdictions, landlords may include a no-smoking clause in the lease or rental agreement, but state and local rules can affect how you implement and enforce that policy.

Here’s what you need to know when adding a smoking ban:

• Lease language: Clearly define “smoking” to include cigarettes, cigars, pipes, e-cigarettes or vaping. Stipulate where smoking is banned (entire unit, balconies, common areas) and outline consequences for violations (fines, lease termination).
• State and local regulations: Some cities, like San Francisco and Boston, have smoke-free housing ordinances that require multi-unit buildings to offer smoke-free units. In other areas, landlords voluntarily adopt smoke-free policies but must comply with notice requirements and habitability standards.
• HUD and federal guidance: The U.S. Department of Housing and Urban Development encourages smoke-free public housing, but private landlords set their own rules. If you receive HUD funding, you may need to follow specific smoke-free mandates (HUD Smoke-Free Public Housing).
• Reasonable accommodation: Treat smoking policies like any tenancy rule. You cannot discriminate based on disability—if a tenant with a health condition uses prescribed medical marijuana by smoking, you must evaluate accommodation requests under the Fair Housing Act.
• Enforcement and notice: Provide prospective tenants with the no-smoking policy before signing. Keep documentation of lease clauses, inspection reports, and any notices of violation. If a tenant breaches the rule, follow your state’s eviction and cure-notice procedures.

Landlords cannot impose vague or retroactive bans. To implement a smoke-free policy:

• Include the clause in new leases or issue a written lease amendment for existing tenants.
• Provide at least 30 days’ notice (or per local law) before the rule takes effect.
• Offer resources, such as smoking cessation program links, to foster compliance.

Implementing a clear no-smoking policy helps you maintain property value and tenant health. Before finalizing any lease clause, it’s advisable to consult a licensed attorney or local housing agency to verify that your smoking ban complies with all state and municipal requirements.