Q) Can I decline an applicant on the basis that the tenant is a smoker?
A) It is certainly within a landlord's right to have a smoke-free environment. Landlords have been getting complaints from tenants regarding second-hand smoke. I can anticipate that some tenant will file a lawsuit against the landlord for allowing the situation to continue. On this basis, I think it is wise to discriminate against smokers.
- It might be wise to advertise the vacant unit or building as "non-smoking."
(Take from Apartment Owners Association Magazine; February 2009)
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