Rental smoking rules that could burn you

Why can’t I smoke inside?

I actually get this question quite a few times a week. Tenants tell me quite indignantly that they leave the doors and windows open and use air fresheners and they should be entitled to smoke in the property if they want.

As I explain to tenants, your rent only entitles you to occupy and have quiet enjoyment of the property. It is not your property. While there is no doubt that it is your home, it is not actually your property.

MORE NEWS:

Southern Ocean Lodge link to Adelaide development revealed

Shock result as council forcibly sells 57 properties to recoup unpaid rates

This 100 pound Adelaide home just sold for how much?

How a simple change at the supermarket can get you into a home faster

So, anything you do in the property can have ramifications when you leave.

Almost all leases will have clauses in them that state that smoking is not permitted inside the premises. If your lease contains this clause, then that is the end of the story. If you smoke in the property, then you are in breach of your lease and your landlord could take action against you.

Don’t think for one minute that you can smoke inside and get away with it. You may not be able to smell anything but the landlord and / or property manager certainly will.

Smoking inside, that’s a no-no.

---

Yeah, you can’t be doing that inside.

---

Take a look behind one of the objects that hangs on your wall – you will be surprised at how much whiter that part of the wall is. Take a damp white cloth and wipe it below the cornices at the top of a wall – be prepared for your white cloth to turn brown. Trust me – multiple air fresheners at a routine inspection are a red flag!

The landlord could claim for significant costs in returning the property back to its pre-smoking state.

MORE NEWS

How much you need to save to buy in every Australian suburb

This 100 pound property just sold for how much?

Block fever sparks mad rush for rundown homes

Aussie island property selling for a steal – but there’s a catch

This could involve general cleaning, priming, painting, air remediation and even the replacement of items that are contaminated by smoke. Even if there is no clause in the lease prohibiting smoking, you may still be liable for any damage that you have caused to the property through your smoking.

What about strata groups and what a neighbour can do about smoke drift from tenants smoking in the carpark or on balconies.

If your property manager comes inside and sees this, they’ll probably hit you with an eviction notice, and ask you why you’re not emptying your ashtray more frequently … Picture: iStock

---

Outside’s a different story …

---

While there are no laws in South Australia banning smoking in strata or community groups, there could certainly be articles or by-laws that address this issue. Furthermore, even if there were no specific prohibitions against smoking, it could be argued that smoking could fall under the general strata provisions of nuisance and interference with your neighbours’ rights to enjoy their own properties.

If you want to smoke as a tenant, beware. Check your lease, check the articles and by laws and just make sure your smoking causes no-one any harm or damage.

Answer provided by Paul Edwards, Property Management Specialist at the Real Estate Institute of South Australia.