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No Smoking In Rented House

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  • 29-07-2009 12:55pm
    #1
    Registered Users Posts: 2,062 ✭✭✭


    Hi all,

    Are landlords allowed to stipulate NO SMOKING for tenants in their houses??
    If they can, does it have to be wrote in the lease??


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Comments

  • Registered Users Posts: 375 ✭✭superbad50


    i would imagine they have the right to say to you that smoking is not allowed within the premises and i would imagine it would be wise of him to have in contract for legal reasons .


  • Registered Users Posts: 2,380 ✭✭✭pooch90


    Sorry to dig up an old thread but can anyone shed any light on this? Confirm/deny? Landlord acting the pr!ck so just wondering if they can stipulate this. Surely as it is your dwelling you are entitled to conduct yourself as you please, within boundaries of the law and once you're not a nuisance to anyone.


  • Registered Users Posts: 1,470 ✭✭✭Doop


    They can put it in the lease if they like... which you agree to by signing,

    In fairness smoking does increase wear and tear and I can understand the stipulation, (am a smoker myself by the way). Yellowing ceilings, stinking fruniture, possible burns etc.


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    There may be a difference in house insurance if one or more of the occupants are smokers.


  • Closed Accounts Posts: 1,559 ✭✭✭ricman


    Smoke outside, or open window when smoking, or find another flat, theres loads of rental accomodation avaidable.


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  • Registered Users Posts: 137 ✭✭steve22


    i dont even smoke in my own house anymore... you get used to going outside... or if its p!ssing rain just standing at the door. Its better to keep the smell of smoke out of the house as much as possible.


  • Registered Users Posts: 17,324 ✭✭✭✭Cathmandooo


    I would imagine smoking in a rented house would add to the likelihood of not getting your deposit back. Smoking indoors stinks out furniture, carpets, curtains etc and can discolour paint which would be damage beyond normal wear and tear and require special cleaning or even replacement.

    Smoke outside, it's not that difficult.


  • Registered Users Posts: 2,380 ✭✭✭pooch90


    Thanks for replies, it's just that they're taking the piss with new lease they've given us and I just wanted to know where I stood before telling them they can re-write it. Unfortunately, no other homes to rent in area we live in so just leaving isn't really an option. We'll just continue as we are regards the smoking, absolutely no damage done and house always well aired.

    thanks again


  • Registered Users Posts: 647 ✭✭✭Terri26


    Yes they can - people who smoke don't realise how bad it is. As a non-smoker most times I can smell if someone has smoked somewhere even if it was. Even in my own house which is non smoking I can smell when my housemates are outside smoking if my widnow is open upstairs. If the landlord allows smoking he is instantly making it less appealing to the next tenant.


  • Registered Users Posts: 7,650 ✭✭✭GerardKeating


    pooch90 wrote: »
    Sorry to dig up an old thread but can anyone shed any light on this? Confirm/deny? Landlord acting the pr!ck so just wondering if they can stipulate this.

    Anyone can put almost any clause in a legal contract, if you want to rent the property, you have to agree to the contract.

    pooch90 wrote: »
    Surely as it is your dwelling you are entitled to conduct yourself as you please, within boundaries of the law and once you're not a nuisance to anyone.

    But it's not yours, it's the landlord property...


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  • Registered Users Posts: 13,381 ✭✭✭✭Paulw


    pooch90 wrote: »
    We'll just continue as we are regards the smoking, absolutely no damage done and house always well aired.

    Just then be prepared for the landlord to use some of your deposit to properly clean the house when you leave. Don't automatically expect all your deposit back.


  • Registered Users Posts: 17,324 ✭✭✭✭Cathmandooo


    Paulw wrote: »
    Just then be prepared for the landlord to use some of your deposit to properly clean the house when you leave. Don't automatically expect all your deposit back.

    + if it's in your lease that you're not to smoke in the property you're breaking the conditions of the lease.

    Depending on the terms of the lease you could be evicted for not complying with obligations of the tenancy.


  • Registered Users Posts: 149 ✭✭KillerKity


    I personally wouldn't rent a place to a smoker. Living with one at the moment and it's a nightmare. She only smokes in her room but the stale smell goes throughout the house. Smoke damages fabrics and stains walls so if you smoke in the house there's no way you should get your full deposit back


  • Registered Users Posts: 78,387 ✭✭✭✭Victor


    pooch90 wrote: »
    Sorry to dig up an old thread but can anyone shed any light on this? Confirm/deny? Landlord acting the pr!ck so just wondering if they can stipulate this. Surely as it is your dwelling you are entitled to conduct yourself as you please, within boundaries of the law and once you're not a nuisance to anyone.
    Yes they can stipulate it. Would you have a problem if they said "no indoor barbeques"?


  • Registered Users Posts: 432 ✭✭Glenalla


    dlambirl wrote: »
    Hi all,

    Are landlords allowed to stipulate NO SMOKING for tenants in their houses??
    If they can, does it have to be wrote in the lease??

    Just got my apartment back after 1 year lease and all carpets burnt kitchen floor burnt, living room beech floor burnt, french polished dining table burnt and bedside lockers burnt all by cigarettes. Have been advised by agent to include no smoking clause in future. Bond wont look at damage.


  • Registered Users Posts: 1,600 ✭✭✭00112984


    Glenalla wrote: »
    Just got my apartment back after 1 year lease and all carpets burnt kitchen floor burnt, living room beech floor burnt, french polished dining table burnt and bedside lockers burnt all by cigarettes. Have been advised by agent to include no smoking clause in future. Bond wont look at damage.

    Absolutely include a no-smoking clause. When I used to rent, not only did my landlord have a no smoking clause but also one forbidding me from lighting candles! He'd had a bad experience with tenants in another property causing damage with burns and wax stains. Seemed pretty fair to me. If I wanted to smoke/light candles, I could do so, just not in that apartment! Free market and all of that.


  • Registered Users Posts: 39 Astro Zombie


    I would never, ever rent a house/flat that was non smoking. Ive turned places down for that reason. Why should you have to get pneumonia just cause your landlord doesnt like the smell? Don't take any guff from those swines.


  • Registered Users Posts: 432 ✭✭Glenalla


    I would never, ever rent a house/flat that was non smoking. Ive turned places down for that reason. Why should you have to get pneumonia just cause your landlord doesnt like the smell? Don't take any guff from those swines.
    Glad you stay away it means we get our houses back in good shape! btw its not the smell its the BURNS!


  • Registered Users Posts: 39 Astro Zombie


    Any one with any sense wouldnt be burning stuff. its not hard to hold on to your cig when your smoking. Ive never done any damage smoking.


  • Closed Accounts Posts: 8,492 ✭✭✭Sir Oxman


    Glenalla wrote: »
    Just got my apartment back after 1 year lease and all carpets burnt kitchen floor burnt, living room beech floor burnt, french polished dining table burnt and bedside lockers burnt all by cigarettes. Have been advised by agent to include no smoking clause in future. Bond wont look at damage.


    Did you or your agent not check the place once during the year?
    More than a little lax if you didn't.


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  • Registered Users Posts: 432 ✭✭Glenalla


    gambiaman wrote: »
    Did you or your agent not check the place once during the year?
    More than a little lax if you didn't.
    Didnt use agent till now to re let it and when it was checked by me before all damage was conveniently covered. Learned my lesson.


  • Registered Users Posts: 1,470 ✭✭✭Doop


    Any one with any sense wouldnt be burning stuff. its not hard to hold on to your cig when your smoking. Ive never done any damage smoking.

    Have to agree with you there, I currently do smoke indoors and never burn anything, its pretty easy to be careful specially when you've spent 5000 euro on a couch!

    I dont think its fair to tar (scuse the pun!) all smokers with the attitude that they burn everything... its lazy/careless people that burn things. And regards the smell if the place gets a proper airing every while it wont smell. Saying that its easier to include a clause saying no smoking so as not to run the risk of damage. And then if there is damage least it was already in the lease.

    Dirty rotten smokers :D


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    I would never, ever rent a house/flat that was non smoking. Ive turned places down for that reason. Why should you have to get pneumonia just cause your landlord doesnt like the smell? Don't take any guff from those swines.

    I on the other hand- would rent any dwelling that I knew had a no-smoking history- far faster than any dwelling that did not. A new tenant may be initially fooled by dry cleaned curtains, freshly painted walls, shampoo'ed carpets etc- but it wouldn't be long before the stench of the previous cigarette smoke began to make its presence felt.

    People who smoke take offence at the notion that a landlord may dictate to them that they cannot smoke in a rental property- there is plenty of property out there without such restrictions- its not that difficult to find- I don't see why its an issue. For people with sensetive sense of smell, or young children- and who do not like smoke- the knowledge that the property they are seeking to rent has been smoke free- is a massive plus (not to mention that its far easier for the landlord to not have to try to clean the smoke and nicotene from all surfaces- you'd be amazed at some of the places nicotene seems to like to accumulate (I recently was given a computer to repair that I almost vomitted over from the stench)).

    If you want to smoke- that is your perogative- but you have to accept that you have no right to impose the long term effects of your habit on other people who have made a conscious choice to not smoke.


  • Registered Users Posts: 882 ✭✭✭ZYX


    . Why should you have to get pneumonia just cause your landlord doesnt like the smell?.


    I love this. Going outside, in the nude in the pouring rain, or in -20 degrees will not in the slightest way increase your risk of pneumonia.

    Smoking, on the other hand, no matter where you do it, massively increases your chances of pneumonia.


  • Registered Users Posts: 2,100 ✭✭✭eightyfish


    smccarrick wrote: »
    There may be a difference in house insurance if one or more of the occupants are smokers.

    A friend-of-a-friend was smoking in his rented house last year, and left a butt on the bed when he went to the bathroom. Burned the house to the ground.

    If I was renting a property, there's no way I'd allow smoking inside. And I'm a smoker.


  • Registered Users Posts: 4,305 ✭✭✭Zamboni


    Lots of high horses in here.

    Some landlords allow smoking and some don't.
    Find the rental property that suits you.

    To the OP/Pooch, if it is not stipulated in your lease, smoke away, if it is, tough.


  • Moderators, Entertainment Moderators Posts: 12,916 Mod ✭✭✭✭iguana


    pooch90 wrote: »
    We'll just continue as we are regards the smoking, absolutely no damage done and house always well aired.

    That's in your opinion but if you are a smoker or live with a smoker your sense of smell is shot. There obviously is a problem or the landlord wouldn't be adding such a clause to the lease. I'm sorry but most people I know who smoke stink, it can vary from mildly unpleasant to out and out honking and they don't have a clue because they are used to the smell. The odds are your house smells like an ashtray. Whether mildly or really putridly I don't know but airing the place out doesn't get rid of the smell, a non-smoker will still smell it instantly.

    In the past I've had parties where I've let people smoke in one room and it takes months for the smell to completely go away. And that's just 6-9 hours of smoking as a one off where I've washed any linens in the room the next day. If there is smoking going on everyday it just permeates everything. And if it's a furnished house then all of the padded furniture, carpets and linens will need replacing before the landlord can re-let.


  • Registered Users Posts: 149 ✭✭KillerKity


    Any one with any sense wouldnt be burning stuff. its not hard to hold on to your cig when your smoking. Ive never done any damage smoking.

    I find that hard to believe. You never stained walls with the smoke? The lingering smell never stayed in fabrics? There's no way a place can be rented out after a smoker. Our place is having to be re-painted and the carpet on the stairs will have to be scrubbed due to the ignorance of my smoker housemate


  • Registered Users Posts: 9,338 ✭✭✭convert


    KillerKity wrote: »
    I personally wouldn't rent a place to a smoker. Living with one at the moment and it's a nightmare. She only smokes in her room but the stale smell goes throughout the house. Smoke damages fabrics and stains walls so if you smoke in the house there's no way you should get your full deposit back

    Lived with a girl who used to smoke (when I moved in she stated it was a non-smoking house - that's why I, and the other housemate moved in - and she didn't smoke). She went through a bad patch and took to smoking at least 20 a day. The stink in the house was unbelievable, even though she only smoked in her bedroom and kept the door closed. When she moved out we literally had to leave her bedroom windows open 24/7 in order to get rid of the stink of stale smoke. When our new housemate's mum came up to see the room 2 months later, she could still smell the stale smoke!!

    I'd never move into a house again if there wasn't a strict no smoking policy or if it wasn't stipulated in the lease. I completely understand any landlord putting in a no smoking clause. Granted, not all smokers are careless and burn stuff, but the stink that lingers is disgusting, IMO.


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  • Registered Users Posts: 4,305 ✭✭✭Zamboni


    So is this just a smoker bashing thread then?


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