Can Landlords Include Smoke-Free Provisions in Residential Lease Agreements?

Can Landlords Include Smoke-Free Provisions in Residential Lease Agreements?

Yes, landlords are allowed to include smoke-free provisions in residential lease agreements, but the provisions do not have a significant chance of being enforceable in a court of law.¹ The Ohio Department of Health (the “Department”) has officially released literature encouraging landlords to include smoke-free provisions in lease agreements. The Department believes that including these provisions will aid in preventing fires and eliminating the effects of secondhand smoke on other tenants.² Nonetheless, the Baldwin’s Ohio Handbook regarding Landlord Tenant law provides doubt that a smoke-free provision will be enforceable in a court of law.³Continue reading

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