A Smoke-Free Rental Property: Is It Possible to Prohibit Smoking in Your Rental Property?

According to the Environmental Protection Agency (EPA), secondhand smoke is a carcinogen that causes approximately 3,000 lung cancer deaths each year in U.S. nonsmokers. Children are even more susceptible to the effects of secondhand smoke because they are still developing. Those that are exposed to high levels of the carcinogen have the greatest chance of developing asthma, pneumonia, bronchitis and middle ear infections. These discoveries have prompted a growing number of renters to seek out smoke-free housing, so as to prevent the health risks of secondhand smoke. But is the increasing demand profitable enough for landlords to turn their rental properties into non-smoking zones, and is the conversion so difficult as to not be worth the profit? These are questions that need to be considered before taking any such action.
A basic definition of smoke-free housing, according to David Sacks, a partner with…

New Jersey Landlord Tenant Law and Regulations

Are there rent control/rent stabilization policies or laws in New Jersey?
More than 100 cities and townships in New Jersey have passed rent control ordinances. To find out if your city or township has rent control, please contact your city or township hall.

Is it a requirement for landlords to file a certificate of registration for their rental property?
According to -N.J.S.A. 46:8-28, every landlord of a dwelling, except owner-occupied properties with no more than 2 rental units, must file a certificate of registration with the clerk of the municipality in which the residential property is situated, or with the Bureau of Housing Inspection in the Department of Community Affairs. Please also note, if a landlord plans to file for eviction and has not registered with the township in which the dwelling is located, the court has no legal power to evict until the landlord has complied with the law. Furthermore, if the landlord registration statement is not filed, the landlord can be fined up to $500.

Minnesota Landlord Tenant Law and Regulations

Are there rent control/rent stabilization policies or laws in Minnesota?
The state of Minnesota has not established rent control or stabilization practices.

What special rules are there regarding rental applications?
According to 504B.173 of the Minnesota Landlord Tenant Laws, the following are important points to know with regards to rental applications. Additionally, the landlord should be very familiar with the Fair Housing Laws as well as the Fair Credit Reporting Act. There is a limit to the number of applicant screening fees. A landlord or the landlord's agent may not charge an applicant a screening fee when the landlord knows or should have known that no rental unit is available at that time. A landlord or agent must return the screening fee amount that was not used to perform a tenant screening report, consumer credit report, or personal reference check. The screening fee may be mailed to the tenant or retrieved by pick up. If payment was made by check, it may be destroyed upon the request of the applicant.

Hawaii Landlord Tenant Law and Regulations

Are written agreements required?

In Hawaii, it is legal to have a written or oral lease agreement.

Must a landlord provide a condition report to tenant?

Before starting a tenancy, a landlord must write a detailed report of the condition of the property. This report should be completely accurate explaining the state of the property, including a precise list of items or furnishings and the condition they are in.

Is the landlord required to disclose his/her address?

The landlord or agent must provide the tenant, in writing, their name and address to receive rent, notices and demands. The tenant must be notified of any change of the landlord or agent’s information.

Please Note: Failing to provide disclosure as specified above may result in a $100 fine to the Landlord.

How much notice must a landlord give before entering the rental?

A 48 hour minimum notice is required for entry, except in cases of an emergency.

North Carolina Landlord Tenant Law and Regulations

Are there rent control/rent stabilization policies or laws in North Carolina?
The state of North Carolina has not established rent control or stabilization practices.

What is the maximum amount I can collect as a security deposit?
Security Deposits May Not Exceed the Following Amounts: If rent is collected weekly, the landlord may require an amount equal to 2 weeks rent. If rent is collected monthly and there is no written lease, the landlord may require an amount equal to 1 and a 1/2 month’s rent. If there is a lease for more than a month, the landlord may require an amount equal to 2 months.
Please Note: The landlord must give the tenant written notice of the name of the bank that is holding the tenant’s security deposit or the name and address of the insurance company providing a bond to cover the security deposit. My tenant has moved out, what do I do with their security deposit?
The original language of NC Gen. Stat. § 42-52 required that all landlords must itemize…

Colorado Landlord Tenant Law and Regulations

Are there rent control/rent stabilization policies or laws in Colorado?
The state of Colorado has not established rent control or stabilization practices.

May I charge an application fee, late rent charge or a returned payment fee?
There are no restrictions or limits placed on the collection of a late charge, an application fee, or a returned payment. However, reasonable cost should always be kept in mind when initiating any charges. Landlords and tenants can also create their own agreement about fees for returned payments.

What is the maximum amount I can collect as a security deposit?
There is no limit on the security deposit charged to the tenant so long as it is reasonable. Some jurisdictions such as Boulder have different requirements (in Boulder, the landlord must pay the tenant interest on a security deposit). Landlords should check with local housing laws for variables that may differ from state regulations.