Hi there, any suggestions would be greatly appreciated. I currently have a couple that is moving out of my rental property and I received a phone call from the new prospective landlord. One of the questions that he asked was "do they smoke?" Now I live here too; its a triplex. So I told the new landlord that yes one of them smoke (as I do as well) but I advised the landlord that there is children here so we all smoke outside. The landlord called them to tell them that they couldnt rent to them based on the fact that they smoke. I know a landlord can say no smoking inside the unit but can they refuse to rent to someone based on the personal choice to smoke?
2007-10-16 12:41:54 · 11 answers · asked by Kara L 1 in Business & Finance ➔ Renting & Real Estate
There was a couple in Arizona recently that was forced by a JUDGE to smoke OUTSIDE their home. They were forbidden to smoke in their home...and it was the right decision. It was a fourplex, and the other tenants complained of the smell. So, if it was upheld by a court, it must be (currently) the law.
But I guess I don't get it...it's a HEALTH hazard, just like lead, asbestos, etc. but the substance that produces it is still LEGAL. WHY ???!!!! Because the addicts can't (or won't) quit. Has nothing to do with personal choice. What you want to do with your body is up to you. Just remember, though, it affects everyone around you. IT'S CARRIED ON THE AIR, PEOPLE. Last I checked, people need to breathe. One commenter stated that people 'die' when exposed to the smell and ask for another room. Well, they were more correct than they believed. People have literally DIED by being exposed to tobacco smoke. More often than not, though, it's just a case of asthma. People have died from other allergies like peanuts, but peanuts are a useful food and it is easy for most people to avoid. Smoking serves no useful purpose other than to addict and ultimately kill their adherents. And all you have to do is drive with the top down or walk out of a non-smoking facility into a cloud outside the door to be exposed. Pollution, you say ? Well, again, the producers of pollution (transportation and factories) are necessary for society to function. Smoking is not (except maybe population control and as a supply for doctors, hospitals and morticians). And as far as morality, helltoo, which is the greater immorality, protecting people from the hazards of your addiction or forcing it on them ?
2007-10-18 14:01:02 · answer #1 · answered by Dan H 2 · 0⤊ 0⤋
Is it discrimination? Absolutely...
Is it legal? Absolutely
As others have said smokers are not a protected group. But the question is why would he care if you smoke? Bill brought up a good idea, possible fire damage. But its much more then that.
As a smoker you might not notice. A person that has never smoked that walks into an apartment dies instantly at the smell of the APT. They are not use to it and they hate it. Thats why hotels have non-smoking rooms and floors. Its because they know if a smoker walks into a non-smoking room they smoker doesnt care. If the non-smoker walks into a smoking room they will say get me a new room or a new hotel.
Back to the point. If you smoke in the apt if the next tenant is going to be a non-smoker, they will have to replace the carpet, drapes ect to get the smell out. Its the same as having a pet, it leave a smell. And those that are not use to the smell wont rent it.
Its absolutely legal.
2007-10-16 12:55:13 · answer #2 · answered by financing_loans 6 · 2⤊ 1⤋
Yep, smokers are not a protected group.
If someone is sensitive to smoke, even smoking outside can be bad. All that smoke hangs around the door and floats into the hall.
2007-10-16 12:49:55 · answer #3 · answered by bdancer222 7 · 3⤊ 0⤋
easily the owner can legally refuse to repaint your living house for ANY reason. Minnesota rules do no longer require the owner to provide any variety of wall coverings...a lot less a sparkling coat of paint on a smoking tenant.
2016-10-21 06:59:36 · answer #4 · answered by buncie 4 · 0⤊ 0⤋
Depends on where one lives. Federally, it's not discrimination to refuse smokers, but in my state, one cannot refuse smokers unless the ENTIRE building is devoid of smokers.
2007-10-16 12:51:11 · answer #5 · answered by acermill 7 · 1⤊ 0⤋
Absolutely. Same as he can refuse to rent to anyone that abuses crack. Neither are protected by anti-discrimination laws.
2007-10-17 07:10:15 · answer #6 · answered by Adam A 2 · 0⤊ 0⤋
If it is anything directed against smokers our government considers it legal. It is immoral though.
2007-10-16 12:46:45 · answer #7 · answered by helltoo 2 · 0⤊ 0⤋
Yes he can, because smoking is a drug addiction and is NOT a protected class.
2007-10-16 12:58:46 · answer #8 · answered by Expert8675309 7 · 1⤊ 1⤋
Yep... they can refuse to rent to them for whatever reason they want, it's privately owned property...
2007-10-16 12:47:28 · answer #9 · answered by snowiswater 1 · 2⤊ 1⤋
yes, because smokers are high risk for potential fire damage. smoke also gets into furniture becoming permanent.
2007-10-16 12:46:54 · answer #10 · answered by Anonymous · 3⤊ 0⤋