General Landlording & Rental Properties
Market News & Data
General Info
Real Estate Strategies
Short-Term & Vacation Rental Discussions
presented by
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/hospitable-deef083b895516ce26951b0ca48cf8f170861d742d4a4cb6cf5d19396b5eaac6.png)
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Tax, SDIRAs & Cost Segregation
presented by
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/equity_trust-2bcce80d03411a9e99a3cbcf4201c034562e18a3fc6eecd3fd22ecd5350c3aa5.avif)
1031 Exchanges
presented by
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/equity_1031_exchange-96bbcda3f8ad2d724c0ac759709c7e295979badd52e428240d6eaad5c8eff385.avif)
Real Estate Classifieds
Reviews & Feedback
Updated over 8 years ago on . Most recent reply
Smokers
I've recently read on a Facebook post that you cannot evict tenants for smoking in your apartment. I was under the impression smokers were not a protected class. I am now assuming you are free to not rent to smokers, however, if you do rent to smokers you cannot force them to smoke outside.
This is all news to me. Has anyone attempted to evict over smoking in the unit?
Any comments would be appreciated.
Most Popular Reply
![Matt Motil's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/381566/1621447978-avatar-mattmotil.jpg?twic=v1/output=image/crop=2547x2547@72x0/cover=128x128&v=2)
If no smoking is in your lease, and your state allows you to put that kind of thing in your lease, then yes, you can evict a tenant for smoking in your property. They have breeched the contract by not performing per the agreement.