What are the best practices for resolving tenant disputes over smoking policies?

1 Know the law

Before you enforce or change any smoking policy, you need to know the legal implications. Different states and localities may have different laws and regulations regarding smoking in residential properties. For example, some may prohibit smoking in common areas, balconies, or within a certain distance from the building. Some may also require you to disclose your smoking policy to prospective tenants or include it in the lease agreement. You also need to respect the rights of tenants with disabilities or medical conditions that may affect their smoking behavior. Consult a lawyer or a local housing authority to make sure you comply with the law.

2 Communicate clearly

One of the key factors for resolving tenant disputes over smoking policies is clear and consistent communication. You need to inform your tenants about your smoking policy and the reasons behind it. You also need to listen to their concerns and feedback and try to address them in a respectful and constructive way. You can use various methods of communication, such as signs, newsletters, emails, phone calls, or meetings. You should also document your communication and keep records of any complaints, violations, or actions taken.

3 Offer alternatives

Another way to resolve tenant disputes over smoking policies is to offer alternatives or incentives for tenants who smoke or want to quit. For example, you can designate a smoking area outside the building, provide ashtrays and trash cans, or install air purifiers or ventilation systems. You can also offer discounts, rewards, or referrals for tenants who participate in smoking cessation programs or use nicotine patches or gum. You can also consider allowing e-cigarettes or vaping devices, which may produce less smoke and odor, but check the law and the safety issues first.

4 Enforce consistently

If you have a clear and legal smoking policy, you need to enforce it consistently and fairly. You need to monitor and inspect your property regularly and respond to any complaints or violations promptly. You should also have a written procedure for enforcing your smoking policy, such as warnings, fines, repairs, or eviction. You should apply the same procedure to all tenants, regardless of their status, relationship, or history. You should also document and report any enforcement actions and keep evidence of any damage or violation.

5 Mediate or arbitrate

Sometimes, despite your best efforts, you may not be able to resolve tenant disputes over smoking policies by yourself. In that case, you may need to seek external help from a mediator or an arbitrator. A mediator is a neutral third party who can help you and your tenants communicate, negotiate, and reach a voluntary agreement. An arbitrator is a neutral third party who can hear both sides and make a binding decision. Both options can be faster, cheaper, and less stressful than going to court.

6 Review and update

Finally, you should review and update your smoking policy regularly to make sure it is effective, legal, and fair. You should evaluate the impact of your policy on your property, your tenants, and your business. You should also check for any changes in the law, the market, or the tenant preferences that may affect your policy. You should also solicit feedback from your tenants and staff and make any necessary adjustments. You should communicate any changes to your policy to your tenants and staff and provide them with enough notice and explanation.