Legal Question in Real Estate Law in Tennessee

Can a landlord tell me I cannot smoke?

Is it within constitutional rights for a landlord to tell me I cannot smoke?? All this jibbish about non-smokers. I made the choice to smoke and smoke responsibly. But smoking is not outlawed here like it is in davis, california.

Can I smoke in my " own " home??


Asked on 3/11/99, 5:48 pm

1 Answer from Attorneys

Sean Scally Sean Scally, Attorney-at-Law

Re: Can a landlord tell me I cannot smoke?

Yes. A landlord can certainly make non-smoking a

condition of renting property. After all, it is a

free country and the landlord can rent to whomever

he or she wishes, provided there is no prohibited

discrimination under Federal/state law (race, religion,

marital status, etc.) but that doesn't sound like the

problem here. There could be very good reasons why

the landlord sets a no-smoking condition (insurance rates, etc)

but the short answer is: Yes, the landlord could say "no go" on

the smoking.

Sean Scally

Sean Scally, Attorney-at-Law

6053 Bradford Hills Drive


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Answered on 3/30/99, 6:53 am


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