Prospective tenant states they only smoke outside

[Eddie Werner]

I have a non smoking property and prospective tenant states they only smoke outside. Curious how others handle this. I was thinking about adding to the lease that they forfeit SD and will need to pay for any smoke remediation ( new carpet, paint, etc) if they do end up smoking inside. I have a move in checkist and will document move in status with pictures and tenant signing off on everything. Any other ideas?

[Richard C.]

I simply don't allow it.  To me, this is the sort of thing that is market-dependent.  In my area, renting SFRs, not allowing pets would cut my pool of prospective tenants by probably 2/3rds, but not allowing smoking cuts it by maybe 10%.  and the smoke is more damaging by far; I never understand landlords who allow smoking and not pets.

Smokers are always convinced that no one else can smell their smoke.  They will smoke in the house "a few times" and be convinced no one could possibly smell it, because their own noses lost that ability from years of being 2 inches from a burning cigarette.

[Eric Black]

Hi Eddie,

Here is my experience in this area for what it's worth. 

We had a triplex and in the less than two years that we owned it we had two prospective tenants who told us they smoked. Not only did we have a clause in the lease stating they couldn't smoke inside the property but it stated they couldn't smoke anywhere on the property. Needless to say, both broke the rules. One smoked some inside the house so we used an ozone machine to get the smell out. The other thrashed the place and we had to replace carpet, paint, everything. 

I think it depends on the area your property is in and the quality of tenants that can afford your property. Based on our experience we now have a strict, no smoking policy. If they smoke we don't rent to them. 

Best of luck!

Eric Black

[Steve Vaughan]

I started not allowing smokers this year after the 5th rehab I've had to do from the damage.  If you are seriously considering them, why not show up at their current residence?  Say you were in the neighborhood and had a quick question.  If they keep you outside looking nervous with the door closed, you have your answer.  If they allow you in and you smell no smoke, they may actually be telling the truth.

[Alexander Merritt]

Originally posted by @Eddie Werner:

I have a non smoking property...

 I think you answered your own question. IMO Non smoking property means just that; no smoking. Doesn't matter if it's inside or outside.

[Stephen E.]

I have let 'outdoor' smokers in and I have regrets. Right now I have three, one where the tenant's spouse smokes outdoors. She genuinely seems to do so. I have another where he says he smokes on the balcony. I will see more as I visit next week. The last are two where they only disclosed one smoked at all, it seems both do. They have been smoking in the attached garage. Better than in the unit but still, they had promised that there would be no smoking in the unit. My experience is that there is uneven compliance with outdoor smoking and that tenants are often liars when it comes to this issue. I am not taking in any more if I can help it.

[Troy Fisher]

Ugh, as an ex-smoker I could never understand why you would want to smoke in your house?  For 10+ years I always without fail no matter what the weather conditions were smoked outside.  

[Skyler Smith]

Be weary of discrimination laws. In many states there's a huge legal difference between banning smoking and banning smokers. You can ban smoking near doors and windows if there are other tenants living there. Ban littering on the premises, etc. Just be careful. 

[Eddie Werner]

Thanks for all the input.  I appreciate it.

[Jennifer T.]

I've had an opposite experience from most of you.  I do not allow smoking inside the unit, but they can smoke outside of it.  Three out of my last four sets of tenants have been smokers and I have had no problems from it or any signs that they smoked inside the unit.

My husband is also a smoker and is not allowed to smoke in our house either, lol.  And he never does.  Of course, I realize that's different.

However, I do live in the South plus there is a covered front porch, so it is fairly pleasant outside most of the year.

[Elizabeth Colegrove]

In my lease I have a $500 fee plus all cost for remediation if any smoking is caught in the unit.

[Joel Owens]

The smoker might have the best of intentions when they tell you they will only smoke outside.

What really happens is when it is really hot or really cold outside, storms, etc. many will smoke inside and crack the door or window etc.

It's still gets in your place. Then they say well I am cracking the door anyways so I might as well just smoke inside.

Cigarettes are a powerful drug that make people do things that are not common sense. Anyone else who says otherwise has their blinders on. The cigarettes most smoke today are  worse for people because they have hundreds of chemicals in them that burn fast and very little actual tobacco. The real Indian cigarettes that are more pure costs a lot more money and burns slower.

What smokers do not understand is second hand smoke is worse for people that do not smoke then what the smoker is breathing in. The smoker has a filter on their end but the people that do not want to smoke do not. I have always felt smokers should have to put a fish bowl over their head where all the smoke stays inside and they breathe it all in and see how they feel.

It's nicotine and a drug pure and simple. I know some people who smoke and I can't be around it. I just ask they not do it around me. Some units before at the apartment complex the inherited smoker tenants when they left you had to spray down all the walls to take off the smoke before you could even Kilz it.

[Colleen F.]

My biggest problem with outside smokers is that cigarette butts are not immediately biodegradable and they don't get that.  If you do allow it also require that no evidence of smoking including the littered butts in the driveway and large trays of cigarette butts. 

That being said if you say no inside smoking I have found most listen.

[Dawn Anastasi]

Originally posted by @Skyler Smith:

Be weary of discrimination laws. In many states there's a huge legal difference between banning smoking and banning smokers. You can ban smoking near doors and windows if there are other tenants living there. Ban littering on the premises, etc. Just be careful. 

 What states do not allow you to discriminate against smokers?

[Rick H.]

Smokers are not a protected class (of citizens). 

If they smoke and your policy is that you do not allow smokers as tenants, they have to go.

If you permit them to stay, you will come to regret your decision and will pay the price both financially and in free rent in your head for allowing yourself to be talked into an obvious conflict of behavior.

Smokers pay a price for their habit beyond sales taxes and health issues.