Smoking in apartments is a contentious issue that has caused many disputes between landlords and tenants. However, both federal and state laws have something to say about smoking — even in private spaces like rental units. In addition, landlords may prohibit smoking under the rental agreement and an apartment smoker will face consequences should they ever break the rules.

 

Smoking in Apartments and Tenants’ Rights

Can I smoke in my apartment? A lot of tenants ask this question as many assume they should have the right to do what they want in their own homes. However, tenants do not have a universal right to smoke in their rental units. Moreover, no federal or state law universally grants people the freedom to smoke wherever or whenever they want.

Apart from this, federal, state, and local governments often restrict various types of smoking. Let’s take a look at each regulation and how they affect a tenant’s right to smoke.

 

Federal Law

The federal government regulates both tobacco and marijuana. Let us discuss the former first. Tobacco is generally legal and federal regulations do not restrict its use in private rental property. However, there is a restriction when it comes to public housing.

According to the U.S. Department of Housing and Urban Development (HUD), public housing agencies (PHAs) must prohibit certain types of tobacco in all indoor areas, including tenants’ units, and in all outdoor spaces within 25 feet of a building.

Because of this policy, PHAs must ban using pipes, water pipes, cigars, and cigarettes. However, the HUD leaves it to them to decide whether to ban e-cigarettes. PHAs are also free to create more stringent anti-smoking rules or regard their property as a smoke-free apartment complex. Regardless of their choices, though, tenants who live in public housing cannot smoke in their units.

Meanwhile, marijuana is not legal under federal law. Using it even privately may expose tenants to federal offense charges.

 

State Law

Apart from federal law, states and cities have enacted their own laws and ordinances regarding tobacco and marijuana use.

 

Tobacco

Many states prohibit or restrict tobacco use around multiunit buildings because smoke can easily travel across shared spaces. State laws may even consider buildings with only two units as “multiunit buildings.”

State laws generally do not ban tobacco use altogether. Instead, it is prohibited in common areas and a specific percentage of units. However, some states and cities do have regulations restricting smoking in all rental properties, including single-family residences.

It’s important to note that anti-smoking laws vary in how they define “smoking.” Some rules may ban the use of cigarettes, cigars, and pipes but not other forms of smoking. However, if the laws in your area are unclear about how smoking is defined, it’s best to assume all forms of lighting and inhaling substances are included. Hence, it may also apply to vaping and e-cigarettes.

 

Marijuana

Now that we’ve addressed tobacco, let’s answer the question: can you smoke weed in an apartment? It’s best to assume all anti-smoking laws apply if marijuana is illegal in your state. If the state you live in makes no mention of marijuana, it’s best to err on the side of caution. This is because many laws define “smoking” as smoking any plant.

On the other hand, if your state allows medical or recreational marijuana, it’s best to refer to the relevant ordinance. If you want to be absolutely sure, consider contacting your city manager’s office.

The laws against smoking in apartments can be a bit blurry in terms of medical marijuana. Marijuana is illegal under federal law. If your state also bans cannabis, landlords have the right to stop tenants from smoking it. However, if medical marijuana is legal in your state, landlords who forbid its use may face a discrimination claim. Tenants may file a lawsuit, and courts may consider it a fair housing violation.

In this case, the best course of action is to remain silent on medical marijuana. If you want to control smoking within your rental property, consider banning all forms of smoking instead. Landlords can base these prohibitions on secondhand smoke and concerns about unpleasant odors.

 

Can You Get Evicted for Smoking in a Non Smoking Apartment?

Is smoking grounds for eviction? It depends on several factors. Firstly, let’s assume the landlord has enacted a no-smoking policy as part of the apartment’s rules and regulations.

If tenants smoke in non-smoking apartments, smoking inside apartment units may be grounds for eviction only after repeated violations. However, if the landlord has included the no-smoking policy in the lease agreement, tenants can be evicted for smoking.

What about marijuana? Can I get evicted for smoking weed in apartment complexes? Even in apartments that allow smoking, marijuana use may be grounds for eviction. Landlords can do this if the lease agreement has an “illegal activity” clause since smoking marijuana is a crime under federal law.

However, keep in mind that eviction based on illicit activity clauses tends to vary depending on the circumstances. Many judges will not evict the renter if the renter does not have a history of crime or if the act is minor. This is especially true if marijuana is not banned under state law.

 

Frequently Asked Questions

Is Smoking in Your House Illegal?

Personal dwelling spaces are not considered public spaces and are not regulated under laws that prohibit smoking in public areas. However, smoking may be unlawful if you live in a multi-unit or public housing property.

 

Why Do Landlords Prohibit Smoking?

Landlords prohibit smoking to prevent secondhand smoke, prevent stains and odors, limit fire hazards, reduce neighbors’ complaints, and decrease insurance premiums on fire. However, it may also breach their duty to keep rentals habitable.

 

Know the Law

Tenants should understand the federal, state, and local laws before smoking in apartments. Moreover, they should review the lease agreement terms and the apartment’s rules and regulations before they smoke — or better yet, before they sign the lease agreement.

Are you in need of a reliable rental property management company? Find one today through our online directory!

 

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It is not uncommon to find pets in rental properties nowadays. As a landlord, though, should you allow pets in your rentals? What rules should you implement to protect your assets?

 

The Advantages of Allowing Pets in Rental Properties

When making any decision, it helps to weigh out the pros and cons. Are there any benefits to allowing pets in rentals?

 

1. More Interested Tenant

To most people, pets are a non-negotiable part of the equation. Pet owners looking for a new place to live are more likely to choose pet-friendly rentals than those with a no-pets policy. While banning all pets from your property does guarantee no damages caused by pets, you are also significantly narrowing down your pool of possible tenants. In fact, 94 million households in the United States own at least one pet.

In contrast, if you put up your house for rent with pets allowed, you are probably going to attract more interested tenants. Filling vacancies with quality tenants is hard enough. If you add a no-pets policy on top of that, you might not be able to find new renters at all.

 

2. Responsible Tenants

Owning a pet comes with a lot of responsibilities. While pets are a source of joy and entertainment, they also have needs.

Pet owners have to dedicate a good amount of time and attention to their furry companions. It is not too far-fetched to assume that this quality of being responsible also translates to their behavior as a tenant. Many landlords have even found that renters with pets tend to care more for the property because they treat it as their home.

 

3. Pet Deposit/Rent or Higher Rent

Believe it or not, a pet-friendly apartment for rent gives you a chance to earn more money. This usually comes in the form of higher rent or a pet deposit. Landlords can justify charging an extra fee because pets come with risks. They can damage the property, injure others, and make noise at ungodly hours. A landlord will also need to clean the common areas more often.

Don’t be afraid to charge a higher rent or pet rent. Provided they are reasonable amounts and within the law, most pet owners will gladly pay the extra cost if it means they get to bring their pets home with them.

 

4. Tenant Retention

Allowing pets in rental properties can directly impact tenant retention in more ways than one. First of all, tenants are less likely to move out if they feel attached to the rental. And the presence of their pet can make any place feel like home.

Secondly, it is hard to find a good rental that permits pets. Not all landlords understand the advantages of allowing pets in their rentals. They fear the damages and complaints that come with pets more.

Finally, pets take time to adjust to new surroundings, particularly dogs. Dog owners don’t want their furry friends to feel stressed out, which can happen every time they move.

 

The Downsides of Allowing Pets in Rental Properties

As with a lot of things, allowing pets in rental units and homes also comes with disadvantages.

 

1. Damages

Some pets, such as fish, don’t pose a threat to the property at all. But, as dogs and cats make up the majority of pets, landlords are understandably worried about property damage. This can come in the form of scratch marks, chewed wires, damaged wood, and the destruction of landscaping.

 

2. Injury

Dogs bite and cats scratch — that’s just the reality of pet ownership. As a landlord, though, injury caused by pets is a real liability problem. A good way to protect yourself from this is to require tenants to purchase renters insurance with adequate liability coverage.

 

3. Allergies

Cat hair and dog fur are common allergens. While walking in common areas, these pets can shed their fur or have them spread through the HVAC system. If other tenants have cat and dog allergies, they will certainly complain. To avoid this problem, make sure to inform everyone in the building that you operate a pet-friendly rental. That way, they can come into the place with clear expectations.

 

4. Noise

When you allow renting with pets, particularly dogs, noise is a given. They can bark and disturb others in the building, which means you will have to field more complaints.

Again, it is best to set everyone’s expectations early on. Let them know they are moving into a pet-friendly place, so noise and odors are normal.

You can also control this from the pet owner’s side. During the screening process, ask the potential renter if their dog barks a lot. You can also contact their previous landlords to ask if their neighbors have ever complained about the pet.

 

5. Association’s No-Pets Policy

In homeowners or condo associations, landlords have to comply with certain rules, too. Some associations have put pet limitations in place, while others prohibit pets altogether. In either case, you will need to tailor your pet rules to match the association’s restrictions.

 

Setting Rules for Pets in a Rental Property

If you do decide to allow pets in your rental, it is a good idea to set up pet rules that tenants must follow.

 

1. Restrict the Number and Size

Consider limiting the number of pets a tenant can keep depending on the size of your rental property. Small apartments that allow more than two pets per unit will likely face more problems with occupancy limits. There are also state and local laws you should look up about fire hazards. It is rare for tenants to have more than two pets, though.

In addition to this, you can also restrict the size and weight of the pet. This usually applies to dogs, as they can come in various sizes. For example, you might only permit dogs that weigh 20 pounds or less.

 

2. Require Tenants to Obtain Approval

Apart from restricting the size and number of pets, it is smart to require tenants to obtain your approval if they want to bring their pets with them. Remember to ask the right questions when evaluating pets, such as:

• How long has the tenant owned the pet?
• Is the pet trained?
• Has the pet caused property damage in the past?
• Have previous neighbors complained about the pet?
• Who will care for the pet if the tenant is not at home?

You can also establish a rule that prohibits non-tenants from bringing their pets inside the premises.

 

3. Charge Refundable Pet Fees

As previously explained, pets give you an opportunity to earn extra money. But, if you want, you can make pet fees or deposits refundable. Similar to a security deposit, a refundable pet deposit can motivate tenants from preventing property damage caused by pets. This works especially great when you are renting a house with multiple pets.

However, there are some things you should keep in mind when it comes to pet fees:

• Not all states allow you to charge pet fees. California is a prime example.
• Keep the fee reasonable.
• Never charge a pet fee or deposit for service animals or companion animals.

 

4. Require Proper Vaccinations and IDs

Make it a requirement for tenants to keep their pets up-to-date on all vaccines. Cats and dogs should also wear collars with name tags at all times. If you live in a place where pets need a license, require those, too.

 

5. Clarify Tenant Responsibility

It is essential that tenants understand from the very beginning that pets are their responsibility. They must keep their pets in check at all times to avoid damage, injury, and noise.

Never leave them unsupervised. They must also clean up after their pets, whether it is inside or outside of the unit or home. Tenants must know that any harm, damage, or liability that arises from their pets should be covered by them.

 

6. Have a Pet Policy Rental Agreement

It is important to communicate your pet policy to interested renters and reiterate it again during the application process. Include a copy of the policy in your lease agreement, even for those without pets as they may want to get one in the future. Beyond that, your lease should give you the right to change the pet rules, provided you give tenants reasonable notice.

 

When It Comes Down to It

As you can see, allowing pets in rental properties comes with both pros and cons. There are a few risks associated with pets, but you can mitigate a lot of them by implementing strict rules. Ultimately, though, the choice is yours to make.

Juggling pet rules with other landlord duties can be taxing. Make your life easier by hiring a property management company today. Start your search for the best one in your area using our online directory.

 

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Rental lease violations happen every day. Every landlord has had the misfortune of having a tenant break a stipulation in their lease agreement. The difference between a good landlord and a bad one is in the way these violations are handled.

 

The Proper Way to Resolve Rental Lease Violations

While a lot of Americans own their homes, there is still a significant chunk of the population living in leased or rented properties. Depending on the location, houses can be very expensive. Leasing is great in that it allows people to live in these expensive neighborhoods without buying houses. It also gives them an opportunity to get a feel of the community first before committing to purchasing a property in the area. For some, leasing just means they get to sleep with a roof over their head at night.

Ideally, every tenant that comes your way follows your lease agreement to a T. Sadly, no tenant is perfect. Like every landlord, you are most likely to encounter a tenant or two who will violate your rental agreement. It could be in the form of rental delinquency or misuse of the unit. Whether you are a new landlord or have only recently come across a problem tenant, you must know the proper way to deal with rental lease violations. Knowledge is power, and it may very well protect you from liability, too.

 

What Is a Lease Violation?

Before learning how to handle rental lease violations, you must first understand what constitutes a lease violation. Tenants who want to lease a particular property or unit must sign a lease agreement.

This agreement outlines the stipulations expected of the tenant such as when they should pay rent. The tenant must read the agreement prior to signing so they can negotiate any terms they dislike. Of course, the terms of the lease agreement must be reasonable. Otherwise, you as a landlord can face legal liability.

A lease violation is simply a breach of contract. A tenant commits such an act if and when they go against the stipulations outlined in the agreement. Violations can happen when tenants take certain actions or fail to take certain actions (in the case of failure to pay rent and the like).

 

How to Handle the Most Common Lease Violations

Rental lease agreement violations are not uncommon. Even the most responsible tenants might make a mistake every once in a while. As a landlord, you might be tempted to let small errors slide, provided your tenant does not make a habit of it.

Eviction is not always the first answer to your problems unless the tenant partakes in illegal activity. In fact, evicting your tenant for something as small as excessive noise will only cause more trouble for you down the line. Not only is it hard to find good tenants, but turnover can be expensive, too.

However, that does not mean you can let your tenants walk all over you. Rental lease violations are serious, and you must take the necessary steps to resolve them when they arise. Here are the most common violations and how you should handle them.

 

1. Long-Term Guests

Tenants have guests come over their leased units all the time, and that in itself is not a problem. But, when their guests begin to overstay their welcome, it becomes an issue. Long-term guests are really just unofficial tenants living in the property without your permission. Visitors can stay overnight, but you must make sure to include limitations in your lease agreement.

When creating your lease agreement, you must include the maximum number of days guests are allowed to stay. Any number over that is considered a violation of that provision. Make sure to also include the consequences of the violation, such as increasing the rental fee by $500 per person per month or terminating the lease.

 

2. Unauthorized Pets

Animals can inflict some serious damage to your property, so most landlords have a strict pet policy that tenants must follow. Make sure this policy appears in your lease agreement, along with a detailed description of any consequences the tenant faces should they have an unauthorized pet on their property.

You can impose a fine and then move up to eviction if the tenant does not remedy the situation. Of course, you cannot rely solely on sight or hearsay. You must have photographic evidence to support your claim.

 

3. Unpaid Rent

One of the most common problems landlords face is unpaid rent. Lease agreements should state the due date for payments, so even a single late payment can constitute a violation of the agreement.

The turnover process can be exhausting, though, and finding suitable tenants even more so. If you have never had a problem with the tenant in the past, you may feel inclined to give them a pass. A good way to remedy this is to stipulate terms for late payments in your agreement.

You can impose a rent protection lease violation fee or a late payment fee as well. That way, tenants can have some room to breathe and you still receive checks in the mail.

But, if the tenant refuses or fails to pay rent, you can start the eviction process. You can first issue a lease violation notice or, in this case, a pay-or-quit notice. This notice should demand payment of the amount due by a specific time. If the tenant fails to settle their debt by the deadline, you can force them out of the property.

 

4. Property Damages

Property damages are no joke — not only are they time-consuming to deal with, but they can also be very expensive.

Immediately before your tenant moves in, it is a good idea to document the condition of the property. Hire a professional to conduct an inspection to get a written assessment of the state of the property.

You can also take detailed photographs of the property, making sure to have your tenant sign the photo log acknowledging that the photos are accurate prior to their move-in.

When you have detailed documentation, you can comparatively assess the current state of the property. Perform property inspections every so often to keep things in good shape. The tenant should cover the cost of any property damages arising due to neglect, reckless actions, or whatever reason.

 

5. Commercial Use of Property or Unit

Working from home on a freelance basis is a far cry from turning the actual residence into a business location. If your tenant is receiving clients or large quantities of supplies on the regular, you have a right to put a stop to it.

You must also intervene when tenants use the leased property as a production zone. Tenants should only use the property as a residence, as it is intended. Make sure to include such language in your lease agreement.

 

Lease Violation by Landlord

Landlords are not exempt from committing rental lease violations. Tenants have certain rights, and infringing on these rights can spell legal trouble for landlords. For instance, tenants have a right to a habitable home. As such, landlords must ensure the rental property is fit to be lived in.

Tenants also have a right to privacy, which means landlords have no authority to enter the leased property whenever they like. If you as a landlord need to conduct inspections, address maintenance issues, or perform repairs, you must give your tenant reasonable notice.

When landlords violate these rights, tenants can take action. This can range from reporting code violations to filing a lawsuit. In some cases, tenants can withhold rental payments or even terminate the agreement as a result.

 

It Starts With the Lease Agreement

Throughout history, landlords and tenants have long had contentious relationships. Rental lease violations are a common point of disagreement between the two parties. As a landlord, you must know how to deal with these violations when they happen.

It is equally important to include detailed information on stipulations and all expected consequences in the lease agreement to protect yourself from lease violations. After all, you cannot punish a tenant for something they did or did not do if the terms were never defined in the agreement.

Many rental property owners don’t want to handle lease violations by themselves and would prefer help from someone else. If you can relate to this, check out Rental Choice’s list of property management companies that can help you with this task.

 

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Every landlord should implement rules for tenants to follow. But, for new landlords, knowing what rules to enforce can come as a challenge.

Crafting Rental Rules for Tenants

While not everyone likes rules, they do serve a purpose. In rental properties, rules exist to control the behavior of tenants and maintain the integrity of the unit. By laying down rules right from the start, landlords can clearly express their expectations to tenants. This prevents any misunderstandings and disputes in the future.

But, simply coming up with apartment rules for tenants is not enough. Landlords must put these rules into writing and include them in the lease agreement. In doing so, tenants sign off on adhering to these rules and can be held responsible should they violate any of them. It also gives landlords a chance to take legal action (such as evicting the tenant) should tenants breach the rules.

 

Most Important Tenant Rules and Regulations to Enforce

Not all rental properties will have the same rules and regulations. Some apartments have extra features and facilities that warrant additional rules that other apartments may not necessarily need. Regardless, here are the most common tenant rules for apartments and rental homes.

 

1. Rules on Rent Collection

This is perhaps one of the more universal rules for renters. Every landlord obviously wants to collect rent on time, but some tenants can be difficult to deal with. As such, it is important to have standard rules for rent collection. This includes when rent is due, when it is considered overdue, how much the tenant must pay, and any applicable late fees.

For late fees, landlords can either charge a flat dollar amount or a percentage of the rent due. Keep in mind, though, that some states impose limits on how much a landlord can charge in late fees. For instance, in D.C., landlords can’t impose a late fee of more than 5% of the rent due. There are also some state laws on when landlords can charge late fees. In Massachusetts, it is 30 days after the rent is due.

The lease agreement should also indicate how tenants can pay their rent. While some landlords accept more modern methods, others still stick to the traditional mailed-in check.

 

2. Landlord’s Right of Entry

Every rental agreement should outline the landlord’s right of entry. Under what circumstances can the landlord enter the property? How much notice must the landlord provide? Generally speaking, landlords should provide advance notice of their intention to enter the leased property. Landlords will also need a good reason. After all, tenants have a right to reasonable privacy and quiet enjoyment. And violating tenants rights can spell legal trouble for landlords.

 

3. Rules on Cleanliness

Let’s face it — some tenants are slobs. And while there is nothing wrong with the occasional dirty dish here and there, tenants should generally maintain a clean apartment. A dirty or messy apartment invites pests, which can quickly become a problem for both the tenant and their neighbors. As such, one of the renters rules landlords should impose is to keep apartments reasonably clean.

 

4. Proper Care of Appliances

Next up on the rental rules list is proper care and use of appliances. If the apartment comes with built-in appliances and fixtures, tenants should use them with care and clean them regularly. Appliances are expensive, and it will cost landlords a lot of money to get them repaired or replaced due to a neglectful tenant. As an added way to encourage proper care, landlords can include a clause that puts the burden of paying repair costs on the tenant should they misuse appliances and fixtures.

 

5. Trash Removal Rules

Trash removal may seem trivial to some, so much so that having rules for it can seem over-the-top. But, improper trash removal can quickly turn from a small problem into a large one.

Landlords should set apartment rules and regulations for tenants regarding trash removal. This includes when they should take out the trash, where they should place the trash, and any other rules on recycling. Such rules will prevent the apartment from becoming an unsanitary abode and also help the landlord stay out of trouble with local ordinances. Again, imposing a fine for breaking this rule is a good way to encourage adherence.

 

6. Rules on Yard Maintenance

The lease agreement should also include any yard maintenance and landscaping rules. Specifically, it should clearly indicate what responsibilities tenants have in regard to lawn care. Is the tenant in charge of mowing and watering the lawn? What about trimming trees and shrubs?

When it comes to yard maintenance, there are three types of clauses landlords can use:

• Self-service. This means tenants bear the responsibility for all yard work and maintenance, including landscaping and lawn care. If tenants hire a professional, they must shoulder the cost.
• Full-service. This means the landlord or property manager is in charge of all yard work and maintenance. Typically, landlords hire a third-party company to complete this for them.
• A la carte. In an a la carte agreement, landlords and tenants share the responsibility. For instance, the landlord can be in charge of landscaping and fertilizing while the tenant must mow and water the lawn.

Of course, for multi-family dwellings such as apartment buildings, landlords usually bear full responsibility for all yard work, maintenance, and landscaping. This is because such outdoor spaces are typically not leased by individual tenants. Instead, they belong in common areas.

 

7. Pet Policies

Among the many possible rules for tenants, another one of the more common ones has to do with pets. Typically, landlords have the freedom to enforce their own pet policy, whether that means prohibiting certain animals or completely banning pets from the premises.

If the leased property belongs to a homeowners association, the pet policy may not be entirely up to the landlord. Instead, both landlords and tenants must adhere to the HOA’s pet policies. Both landlords and HOAs, though, can’t deny service animals, provided the tenant truly does require the help of a service animal.

 

8. Noise Rules

It is not unusual for a landlord to impose noise rules on tenants. Noise rules exist to maintain a peaceful environment for all tenants, especially in multi-family dwellings. As a guideline, landlords should disallow excessive noise between certain hours, normally during sleeping hours (9 p.m. to 7 a.m.).

 

9. Moving Out Rules

Landlords must also enforce rules for when the tenant wants to move out. These rules should include the following:

• Length of notice tenants should provide landlords before vacating;
• In what condition tenants must leave the property upon move-out; and,
• When tenants must surrender locks and keys.

A good way to set clear expectations between landlords and tenants is to come up with a move out checklist. This checklist must consist of everything tenants should do when they move out of the leased property. It is also imperative that landlords attach or include this checklist in the lease agreement.

 

10. Common Area Rules for Tenants

Many apartments and condo buildings have common areas that all tenants share. This can be as small as hallways, stairwells, elevators, and entrances or as big as gyms and swimming pools. Regardless, landlords would also be smart to establish rules for tenants in these common areas.

For more general common spaces, rules such as no shouting, no littering, and no loitering are a good place to start. But, for areas like gyms and pools, landlords should come up with specific rules designed for the space. For instance, in swimming areas, landlords should enforce a no running rule as well as a no eating or drinking rule.

 

When Tenants Violate the Rules

In addition to setting the rules, landlords should also clearly indicate the consequences of violating these rules. Penalties can range from a simple warning and a monetary fine to eviction. Of course, landlords should weigh the gravity of the rule and violation. For instance, failing to take out the trash one time would probably not be cause for eviction. But, multiple violations of the same rule might be.

 

Not Cut Out for Rule Enforcement?

Some landlords have a hard time imposing rules for tenants because they are either too meek or have already established a more personal relationship with them. A good solution to this is to hire a property manager. Property managers are trained to handle each tenant professionally, enforcing rules in a uniform manner.

Start your search for the best property management company today with the help of Rental Choice’s online directory.

 

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