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You can say I don't rent to smokers and deny them, if you have it listed as a "non smoking rental", otherwise you have to be careful not be slammed with discrimination.
To the best of my knowledge there are no regulations in effect, either Federal (which prevails) or State which include a non smoking lease clause falling under the discrimination umbrella.
But if I'm creating a new application can I simply ask:
"Do you smoke" => Yes or No
If they say no.... and I rent to them.... but I find out later that they do... even if it's just on Facebook? Can I evict them for lying on their application?
I didn't read all of the posts, but is it possible that he quit smoking and those are old photos? As you can see from this thread, sometimes ex-smokers are just as militant as nonsmokers if not more.
I think saying no to smoking is totally reasonable - I moved into a rental where the previous tenants were inside smokers and the damage is unreal. But to ban outside smoking .... I wouldn't do it, personally.
But if I'm creating a new application can I simply ask:
"Do you smoke" => Yes or No
If they say no.... and I rent to them.... but I find out later that they do... even if it's just on Facebook? Can I evict them for lying on their application?
You can ask the question on the application but it seems a little redundant when you could come right out with a short sentence right on the application that smoking isn't allowed on the premises. and then you include a no-smoking clause in your lease agreement.
But if I'm creating a new application can I simply ask:
"Do you smoke" => Yes or No
If they say no.... and I rent to them.... but I find out later that they do... even if it's just on Facebook? Can I evict them for lying on their application?
Could you prove those photos were taken after they moved in? If not, I wouldn't want to have to go to court with that as my evidence.
But if I'm creating a new application can I simply ask:
"Do you smoke" => Yes or No
If they say no.... and I rent to them.... but I find out later that they do... even if it's just on Facebook? Can I evict them for lying on their application?
Unless your state says lying on an appklication is grounds for eviction, you may not be able to do it. Even if your state does allow for an eviction based on the application, you will need to prove to the judge that the person lied. i don;t think a photo is going to cut it unless you took the photo or have some withness that the person was actually smoking. You can just about use any excuse or no excuse to not rent to a person but after occupancy, evictions are a whole different matter.
Just received applications from tenants applying for a non-smoking property who claim to not smoke on their applications.
One is clearly smoking in several facebook photos and even mentions that he smokes too many cigarettes.
How can I handle this without saying that I was checking his facebook?
The question is or should be not if the tenant smokes but that smoking is not allowed on property or in the house.
The tenant could smoke as long as they are not smoking on the property or in the apartment of course.
Why do you care if he is smoking somewhere else? You can't regulate what he does when he is not in the property he rents from you. All you need be concerned with is that he not smoke in tht property, if that is a condition in his lease.
If someone smokes elsewhere, it is highly improbably that they will not do so in the rental property. They lied on the application saying they are non-smokers, that would be all the reason I would need for rejecting them.
I would however feel no obligation to explain that to them. Just say their application was not accepted and move on.
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