How to Handle Smoking vs. Non-Smoking Policies for Rental Properties

By PropsManager Team · Legal & Compliance · Mar 07, 2025

I’ll never forget walking into a unit after a tenant moved out and getting hit with that wall of stale cigarette smoke. The walls were yellow. The carpet reeked. The HVAC ducts were coated in tar residue. By the time we replaced the carpet, sealed and repainted every surface with Kilz primer, and had the ductwork professionally cleaned, we were out $5,200. That unit sat vacant for three extra weeks because we couldn’t show it in that condition. One tenant’s smoking habit cost me nearly $7,000 when you factor in the lost rent.

That experience is what turned me into a firm believer in no-smoking policies. And honestly? It’s one of the easiest policy decisions you’ll ever make as a landlord.

Can Landlords Legally Ban Smoking in Rental Properties?

Short answer: yes, absolutely. Smokers are not a protected class under the Fair Housing Act. You can legally prohibit smoking inside units, on balconies, in common areas, or across the entire property. There’s no federal law that grants tenants the right to smoke, and no state currently prevents landlords from implementing a smoke-free policy.

In fact, the U.S. Department of Housing and Urban Development (HUD) made all public housing smoke-free as of July 2018. If the federal government can ban it in 940,000+ units, you can ban it in yours.

Here’s where it gets interesting: the trend is overwhelmingly on our side. According to the American Nonsmokers’ Rights Foundation, more than 60% of the U.S. population lives in a municipality with some form of smoke-free housing legislation. Tenants increasingly expect and prefer smoke-free living environments. A survey by the National Apartment Association found that 85% of renters—including many smokers—actually prefer living in smoke-free buildings.

State-Specific Nuances to Watch

While no state prohibits smoke-free policies, a few states have specific requirements around how you implement them:

• California requires you to disclose the smoking policy in the lease and to specify which areas are designated smoking or non-smoking.
• Maine requires landlords to disclose whether smoking is allowed before a tenant signs.
• Oregon requires a written smoking policy as part of the rental agreement.

The key takeaway? You can ban smoking everywhere. Just make sure you disclose it properly and put it in writing.

Why Every Landlord Should Consider a No-Smoking Policy

If you’re on the fence about this, let me lay out the numbers. They’re pretty compelling.

The True Cost of Smoke Damage

Smoke damage isn’t superficial. It doesn’t come out with a fresh coat of paint and some Febreze. Here’s what a typical smoke-damaged unit actually requires:

And that’s just the hard costs. Add in the vacancy time—two to three weeks minimum while remediation happens—and you’re looking at another $1,000–$2,000 in lost rent for an average unit.

Compare that to a normal turnover of a non-smoking unit, which might run you $500–$1,500 for standard cleaning, paint touch-ups, and minor repairs. The math doesn’t lie.

Fire Risk Is Real

According to the National Fire Protection Association (NFPA), smoking materials are the leading cause of civilian fire deaths in the United States. Between 2012 and 2021, smoking caused an average of 17,200 home fires per year, resulting in 590 deaths, 1,130 injuries, and $476 million in direct property damage annually.

One careless cigarette butt on a balcony. One tenant who falls asleep with a lit cigarette. That’s all it takes to turn your investment property into an insurance claim—or worse.

Neighbor Complaints and Retention Problems

Secondhand smoke travels. Through walls, vents, shared HVAC systems, under doors, through electrical outlets. I’ve had excellent long-term tenants threaten to leave because smoke from a neighboring unit was seeping into their apartment. Losing a good tenant who pays $1,400 a month on time because the neighbor smokes? That’s a $16,800 annual revenue stream at risk.

Smoke-free buildings have measurably lower turnover. When your responsible, health-conscious tenants know they won’t have to deal with smoke odor, they stay longer. And reducing tenant turnover is one of the most impactful things you can do for your bottom line.

Marijuana: Legal Doesn’t Mean Allowed

This is where a lot of landlords get confused, and I hear this question constantly. "If marijuana is legal in my state, can I still ban it?"

Yes. A thousand times yes.

Even in states where recreational marijuana is fully legal—Colorado, California, Illinois, Michigan, and others—landlords retain the right to prohibit its use on their property. Legalization means the state won’t arrest you for using it. It doesn’t create a right to use it anywhere you want.

Think of it like alcohol. Alcohol is legal too, but you can absolutely ban open containers in common areas or prohibit excessive drinking that disturbs other tenants. Same principle applies to marijuana.

The Federal Angle

Here’s an often-overlooked point: marijuana remains a Schedule I controlled substance under federal law. If you have any FHA-backed mortgages or participate in any HUD programs, you’re actually required to prohibit illegal drug use on your property. Since marijuana is still federally illegal, this gives you additional legal backing.

Edibles and Vaping

Your policy should be specific about what’s prohibited. "No smoking" alone might not cover vaping or marijuana edibles. I recommend language that covers:

• Cigarettes, cigars, and pipes
• Electronic cigarettes and vaping devices
• Marijuana in any smoked or vaped form
• Hookah and shisha
• Any combustible substance

Edibles are trickier. They don’t produce smoke or odor, so they’re nearly impossible to detect and don’t cause the same property damage. Most landlords I know don’t try to police edibles—it’s the smoke and vapor that cause damage and complaints.

How to Write and Implement a No-Smoking Policy

You can’t just tell tenants verbally that smoking isn’t allowed. You need it in writing, clearly defined, and legally enforceable.

The No-Smoking Lease Addendum

The most effective approach is a standalone no-smoking addendum that gets signed alongside the lease. This should include:

1. Clear definition of what’s prohibited (all forms of smoking, vaping, etc.)
2. Covered areas (inside the unit, balconies, patios, within 25 feet of the building, parking areas, common areas—specify every area)
3. Tenant responsibility for guests and visitors who violate the policy
4. Consequences for violations (monetary penalties, cure-or-quit notice, lease termination)
5. Damage liability stating the tenant is responsible for all remediation costs if smoking occurs
6. Acknowledgment signature from every adult occupant

For help structuring lease addendums that hold up legally, check out our guide on how to write an iron-clad lease addendum.

Signage Matters

Post "No Smoking" signs at all building entrances, in laundry rooms, near mailboxes, and in parking areas. Signage does two things: it reinforces the policy, and it gives you documentation that the tenant was on notice if you ever end up in court.

Existing Tenants vs. New Tenants

This is an important distinction. For new tenants, you simply include the no-smoking addendum as a lease condition. They agree to it before they move in. Simple.

For existing tenants, you can’t unilaterally change their lease terms mid-lease. You’ll need to wait until renewal time and present the no-smoking addendum as a new lease condition. Give them adequate notice—60 to 90 days before the lease expires is reasonable—and let them know the building is transitioning to a smoke-free environment.

Most existing smoker-tenants will either comply or choose not to renew. I’ve seen this play out dozens of times, and the pushback is usually less than landlords expect.

Enforcing Your No-Smoking Policy

Here’s where the rubber meets the road. Having a policy is one thing. Enforcing it is another.

Documenting Violations

When you suspect a violation, document everything:

• Date, time, and location of the observation
• What you observed (smell, visible smoke, cigarette butts, ashtrays)
• Photos when possible
• Complaints from other tenants (get them in writing)

Using property management software like PropsManager makes tracking violations and maintaining documentation dramatically easier. Every notice, every complaint, every photo gets logged in one place. When enforcement escalates, you’ve got an airtight paper trail.

The Enforcement Ladder

Don’t go nuclear on the first offense unless the lease says you can. A graduated approach works better and looks more reasonable if it ends up in front of a judge:

1. First offense: Written warning reminding the tenant of the policy and the consequences of continued violations.
2. Second offense: Formal notice to cure or quit (typically 3–10 days depending on your state), with a monetary penalty if your lease allows it.
3. Third offense: Notice of lease termination or non-renewal.

Some landlords include a cleaning fee for each violation—$250 to $500—which they spell out in the addendum. This gets tenants’ attention fast. Nobody wants to pay $500 because they lit up on the balcony.

What If They Deny It?

They will. Almost every smoker confronted about a violation will deny it. That’s why documentation matters so much. Cigarette butts on the balcony don’t lie. Yellow nicotine stains around windows don’t lie. The smell coming from under the door every evening at 8 PM doesn’t lie.

Air quality monitors are getting cheap—around $50–$100—and some landlords have started installing them in common areas near suspect units. They’re not admissible as definitive proof in most courts, but they can bolster your case alongside other evidence.

Designated Smoking Areas: A Compromise Approach

Some landlords aren’t comfortable with a total ban. Maybe you have a property in a market where many tenants smoke, or you’re worried about limiting your applicant pool. A compromise approach is a designated smoking area.

How to Set Up a Smoking Area

• Choose a location at least 25 feet from any building entrance, window, or air intake
• Provide a proper cigarette receptacle (a $30 investment that prevents butts everywhere)
• Post clear signage marking the area
• Include maintenance of the area in your property upkeep routine

This approach lets you protect the units from smoke damage while still accommodating smokers. It’s not as clean as a total ban, but it’s better than having unrestricted smoking throughout the property.

That said, my strong recommendation is to go fully smoke-free if your market supports it. The trend is heading that direction anyway, and properties that transition sooner tend to attract higher-quality tenants and command slightly higher rents—typically $25–$50 more per month for smoke-free units, according to data from the Smoke-Free Housing Coalition.

Handling Common Tenant Pushback

Let me walk through the most common objections tenants raise and how to handle them.

"I have a right to smoke in my own home."

No, they don’t—not when they’re renting. A lease is a contract, and both parties agree to its terms. They agreed not to smoke when they signed. Remind them of that simply and calmly.

"My doctor recommended marijuana for my condition."

Medical marijuana does not qualify as a reasonable accommodation under the ADA or Fair Housing Act. The Fair Housing Act requires reasonable accommodations for disabilities, but it does not require landlords to permit illegal activity (marijuana is still federally illegal), and the reasonable accommodation must be necessary—there are non-smoked alternatives like edibles, tinctures, and topicals.

"I only smoke on the balcony."

Smoke drifts. Into open windows, into shared hallways, into neighboring units. If your policy covers balconies—and it should—this isn’t a valid exception. Point to the addendum they signed.

"You can’t prove it’s me."

See the enforcement section above. Document, document, document. Cigarette butts, ash trays, visible smoke, smell, neighbor complaints—accumulate evidence before confronting.

Smoke-Free Policy Checklist for Landlords

Use this checklist when implementing your policy:

• Draft a no-smoking addendum covering all forms of smoking and vaping
• Define all prohibited areas explicitly (interior, balconies, patios, parking, common areas)
• Specify consequences including monetary penalties and lease termination
• Include tenant liability for guests’ violations
• Get signatures from all adult occupants
• Post no-smoking signage at all building entrances and common areas
• Add the smoking policy to your property listing
• Document the condition of each unit at move-in with photos
• Track violations and complaints in your property management system
• Review state-specific disclosure requirements

How PropsManager Helps You Manage Smoking Policies

Managing a no-smoking policy across multiple properties gets complicated fast. That’s where PropsManager comes in. Our platform helps you:

• Store and manage lease addendums digitally so nothing gets lost
• Track maintenance requests related to smoke damage or complaints
• Log violations with timestamps, photos, and notes
• Automate notice generation for warnings and cure-or-quit notices
• Maintain unit inspection records from move-in to move-out

When a violation escalates to a legal situation, having everything documented in one centralized system can make the difference between winning and losing your case. Want to see how it works? Request a demo or check out our pricing plans to find the right fit for your portfolio.

Explore More PropsManager Resources

Looking for the right property management software? Check out our in-depth guides:

• Compare Property Management Software — See how PropsManager stacks up against Buildium, AppFolio, Rent Manager, and Propertyware.
• Software for Small Landlords — Built for landlords managing 1–50 units without the enterprise price tag.
• AI-Powered Property Management — Discover how automation can save you 5–10 hours per week.
• Solutions for Property Managers — Scale from 50 to 500+ units without scaling your costs.

Frequently Asked Questions

Can I charge a higher deposit for smokers instead of banning smoking?

You could, but it’s not recommended. In many states, security deposit amounts are capped by law, so you may not have room to charge more. Beyond that, a larger deposit doesn’t prevent the damage—it just partially offsets it. The average smoke remediation runs $3,000–$7,000, which exceeds typical deposit limits in most states. A no-smoking policy prevents the problem entirely rather than trying to pay for it after the fact.

Is vaping treated the same as smoking in rental policies?

It depends entirely on how your policy is written. If your addendum only says "no smoking," vaping may not be covered since it technically isn’t combustion. That’s why you need to explicitly include electronic cigarettes, vaping devices, and any aerosolized nicotine or marijuana delivery systems in your addendum language. While vaping causes less residue than traditional smoking, the propylene glycol in vape aerosol still leaves a film on surfaces and can trigger complaints from neighboring tenants.

What if a tenant claims they need to smoke marijuana as a disability accommodation?

Courts have consistently ruled that landlords are not required to allow marijuana smoking as a reasonable accommodation, even for medical marijuana cardholders. The Fair Housing Act requires accommodations to be "reasonable," and since marijuana remains federally illegal, allowing its use doesn’t meet that standard. Additionally, non-smoked alternatives like edibles, oils, and topicals exist, which means smoking isn’t the only way to use the medication. You should engage in the interactive process—respond in writing, acknowledge the request, and explain why non-smoked alternatives satisfy the accommodation need.

How do I transition an existing property to a smoke-free policy?

Start by giving existing tenants plenty of notice—I recommend a minimum of 90 days. Send a written notice explaining that the property is adopting a smoke-free policy effective on a specific date. For tenants whose leases are expiring, include the no-smoking addendum as a condition of renewal. For tenants mid-lease, you’ll typically need to wait until their lease expires to enforce the new policy, unless your current lease has a clause allowing policy amendments with notice. Offer resources like quitline numbers (1-800-QUIT-NOW) as a goodwill gesture. Most tenants adjust without issue.

Can I ban smoking in outdoor areas I don’t own, like the sidewalk?

No. You can only regulate smoking on property you own or control. Public sidewalks, streets, and adjacent properties are outside your jurisdiction. However, you can prohibit smoking within a specified distance of your building—25 feet is the most common standard—as long as that distance falls within your property line. For multi-unit buildings, you can absolutely ban smoking on balconies, patios, courtyards, parking lots, and any other outdoor space that’s part of your property.

Take Control of Your Property’s Air Quality

A no-smoking policy isn’t just about keeping units clean—it’s about protecting your investment, reducing fire risk, retaining quality tenants, and positioning your property competitively in a market that increasingly values smoke-free living.

The landlords who implement these policies consistently report lower turnover costs, fewer maintenance headaches, and happier tenants across the board. It’s one of those rare decisions where doing the right thing for health and safety also happens to be the smart financial move.

If you’re managing multiple properties and need a system to track lease addendums, log violations, and streamline enforcement, PropsManager has you covered. Start your free trial today or reach out to our team to see how we can simplify your property management workflow.