Tips for Enforcement

 

You aren’t telling people to quit smoking. The purpose of the policy is to protect your property from damage and fire danger. When implementing a policy, remind tenants that this policy has been adopted to help protect all tenants, including people who smoke, from secondhand smoke exposure.

<!--[if !supportLists]-->Include smoke-free policies as part of your lease or house rules. New tenants should initial each paragraph of the lease, including that which prohibits smoking on your property. Make sure that your tenants are aware of the consequences for violating the lease or house rules and that smoking by guests is also prohibited.

Ensure that you have adequate smoke-free signage. Make sure you have the tools to remind your tenants, and their guests, of your smoke-free policy. If your building is 100% smoke-free, the Smoke-Free Housing Coalition of Maine can provide you with window decals, signs, key chains and magnets at no-cost.

Smoke-free policies are self-enforcing. Your tenants are your greatest allies. If a tenant complains about smoking in your units, try to resolve the issue amicably and in a timely fashion.

Smoking can be costly to tenants, too. Let tenants know that violating the building’s smoke-free policy may result in loss of their security deposit. Cleaning and maintenance of a unit where tenants smoke is very costly. Make your tenants aware that they will be held financial responsible for violating the policy.

Treat smoking like any other lease violation.Smoking violations are just like any other.  How would you respond to a noise complaint?  Pet complaint?  Inappropriate disposal of garbage?  A smoke-free policy needs to be addressed, enforced and respected the same as other house rules and lease provisions.

Be prompt, uniform and consistent.  Lack of enforcement with one tenant may hamper enforcement with future tenants. Prompt, consistent action will send a clear message to everyone in your building that smoking is not allowed.

Smoking is seldom the only violation. A tenant who breaks one lease condition is likely breaking others. If you come to a point where you need to evict, be sure to include all lease violations in your eviction notice, including all instances of recorded smoking violations.


"As a landlord, you not only have the legal right to adopt a smoke-free policy, but the law gives you the ability to enforce this policy as you would any other lease clause."
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G. Steven Rowe, Former Maine Attorney General



Copyright © 2010 Smoke-Free Housing Coalition of Maine