Smoking - Costs and Information for Park City Property Management
For someone like myself who was raised in the age of Surgeon General's warnings, anti-tobacco campaigns, and restrictions on advertising by cigarette companies it is somewhat of a no brainer that smoking is bad. However some people choose to smoke and some of them are tenants looking for a place to rent. It is therefore important for anyone involved in Park City property management to know the rules and laws regarding smoking in the state of Utah, as well as the possible cost of allowing smoking in a property. First I would like to focus on the Utah Indoor Clean Air Act and how it affects Park City property management. I will then look at the possible costs associated with, where permissible by law, allowing smoking in a property.
Utah Indoor Clean Air Act
Going into effect on January 1st, 1995 the Utah Indoor Clean Air Act (UICAA) was designed to protect Utahans and those visiting the state from the harmful effects of second hand smoke. It bans smoking in most public places as well as a long list of private businesses such as bars, clubs, hotels, motels, offices, restaurants, theaters, shopping malls, grocery stores, sports facilities, etc. I'm sure we are all aware of the dangers of second hand smoke but I feel it is worthwhile to point out that a 2006 report by the Surgeon General found that "second hand smoke is toxic and poisonous" and "there is no risk-free level of second hand smoke exposure". If you would like to read the full text of the report, including a list of all the harmful and cancer-causing chemicals found in second hand smoke, you can click here. Other important components of the UICAA are contained in amendments relating to condominiums and apartments. The first grants authority to condominium associations to restrict smoking in units and common areas. The second important amendment states that any smoke drifting from one condominium to another is considered a nuisance under law. I covered nuisance in a previous post titled "Nuisance! Definition And Info For Park City Property Management", if you would like more information you can click here.
Damage And Repair
If, after taking a look at the UICAA laws, you find you are still able to rent a property to someone who smokes, and if you WANT to rent to someone who smokes you need to take a serious look at the potential expense you would incure trying to make a property rentable once a smoker has moved out. Let me share a story of a landlord whose condo was smoked in unbeknownst to him and against the rules of the condominium association where the property was located. After having the condo professionally cleaned, all the flooring and carpets cleaned, walls and cabinet faces scrubbed and every wall and ceiling in the property repainted the place STILL smelled like an ashtray. All of the duct work had to be cleaned out, furnace filter changed and another coat of paint on the ceiling before the smell was MOSTLY taken care of. It still took several months of a new tenant living in the property before the smell was completely gone. If the owner were to bill for their time taken to fix the problem and not just materials and outside vendor bills the cost to remediate the smoking damage was significantly more than the deposit. And this was all from one heavy smoker who lived in a property for a year. Once potential costs like this are factored in, not to mention the added potential for house fires that smoking brings, it is easy to see that allowing smoking may get your property rented a little quicker in some circumstances but in the long run the costs definitely outweigh the benefits. The state of Utah has great resources for those involved in Park City property management, for more information you can click here.
If you would like more information about nuisance law, smoking damage and remediation or Park City property management services click the link below for a free consultation. You will receive valuable information specific for your property and a no-obligation quote of our services.
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