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 Since places to smoke cigarettes are becoming more and more restricted, the last place of refuge for the smoker is in the home. But even there, the smoker is under attack. While smoking is a lawful activity, it still may be limited on private property by rule of the owner or on public property by a law or regulation.
The right to breathe clean air and be free of cigarette butt litter is making great strides against the personal right to smoke. Landlords complain about property damage from cigarette smoke, the expense of cleaning up the litter and the fire hazard that smoking causes. Further non-smoking neighbor tenants do not want to smell or breathe the smoke or be subjected to the litter of smokers who just throw their used butts and ashes on the ground. Unfortunately for those who choose to smoke, there does not appear to be any reason that you as a landlord cannot limit smoking at your property. While "smokers" are not a protected class of individuals (like race and religion), you should probably not reference them as a group when making leasing rules. You should simply include the new smoking restrictions in any new lease. These rules would apply equally to anyone including smokers, visitors, or even non-smokers who are just sampling the habit for a day. For current tenants on month-to-month tenancies, you would need to serve a change of terms of tenancy notice with the new smoking prohibition rules. Of course, this will pose a challenging situation for those who find it difficult or impossible to quit smoking within 30 days.
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