Smoking on Property Premises

Smoking is not considered "normal wear and tear." If the property owner does not specify in his lease or special provisions, the tenant has a choice to smoke or not. Smoke gets into the air ducts, the carpet, stains the walls, etc. and is not an easy thing to get out once it's there.

Many owners will specify that there is no smoking on their property.  This means, smoking is prohibited anywhere on the premises.  A violation of this can result in fees and fines.

It is legal to consider smoking damage when assessing a property for damages, but not for lease violations unless the lease specifically states there is no smoking on the property.