Southwestern Management And Realty Team

FAQ: Can I Restrict Tenants From Smoking in My Property?

Smoking is one of the most costly and damaging events that can happen inside a rental property. In fact, smoking alone can cost a landlord up to 10% of their profit!

Keeping your property smoke-free is more than just controlling a nuisance—it’s protecting the health and well-being of other tenants and neighbors. A smoke-free property also means you’ll have less smell and staining to deal with after the tenants move out.

It’s Your Right to Designate the Property “Smoke-Free”

The state of Nevada support’s a landlord’s right to designate his or her rental property as smoke-free.

Smokers are not a protected legal class and smoking is not a right, so laws cannot stop a landlord from implementing regulations and restrictions about smoking.

If your tenant is smoking and you have a no smoking policy you will want to notify them of the violation and document it with a “No Smoking Notice.” And, yes, you can evict if the smoking tenant doesn’t comply with your policy. It proceeds the same way any lease violation does—with an official notice to comply or quit, then filing an eviction notice with the court system.

Is it Illegal to Refuse to Rent to Smokers?

As a landlord, you can refuse to rent to smokers. In other words, you can reject an application if you are told that the applicant intends to smoke in your rental property.

So, if you are interested in keeping your rental property 100% smoke-free, it is not illegal for you to refuse smoking tenants. It is your right and responsibility to set up and maintain your property the way you want, as long as it is legal.

Smoke-Free Trends

Nowadays, it may mean better business in the long run to keep smokers out of your rental property. Smoking tenants increase the likelihood of damage to the unit—burn and scorch marks, odor removal services, and even fires.

Landlords are also the target of an increasing number of lawsuits by non-smoking tenants who are affected by secondhand smoke and claiming that landlords either don’t enforce a no smoking policy or don’t have a good enough ventilation system to take care of smoke. You can avoid this altogether when your property is smoke-free.

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SMART Rental Qualifications

The following are Southwestern Management And Realty Team’s (SMART) guidelines for renting a property through SMART. Each and every application will be reviewed by a member of SMART and could be adjusted depending on credit/income and the application itself. Please be truthful!

Rental Qualifications

  • Applicant MUST be 18 years or older and application fee is $65.00 per person and is non-refundable.


  • Minimum score of 650
  • No EVICTIONS in the past 5 years
  • No utility collections (gas, power, water)

Income Verification

  • Income MUST be 3 times the monthly rent for good credit 650+ and 4 times if applicant has poor credit but good income.
  • MUST be verifiable
  • MUST be with current employer for at least 6 months.
    **If self-employed—CPA financial statements and/or tax returns are acceptable.

Employment History

(you could be required to show proof if requested, paycheck stubs, etc.)

  • Verifiable employment history for the past 3 years
    **If self-employed/retired/not employed—can verify income with signed tax returns and/or bank statements.

Rental History Verification

  • Verify for the past 3 years
  • Must provide: Landlord Names, and phone number, email (if available) on the online application.

Criminal Background Check

SMART does check—Criminal, Sex Offender and Terrorist database

  • NO sex offenders
  • NO crimes—violent crimes, prostitution, domestic violence, possession of weapons or illegal drugs


MUST be 30 pounds & under & absolutely no violent breeds—ask SMART for the Pet Policy

  • 2 pets max
  • NO ferrets or snakes
  • NO Dangerous, poisonous or illegal pets
  • NO aquariums larger than 10 gallons

Emotional Support pets are NOT considered a Service Animal and not under ADA laws.