Can I change a complex to smoke free after tenants who smoke live there?

I'm three weeks in to being a Property Manager/Leasing agent for a new 45 unit complex. There were 9 tenants living here before I took over. I'm now up to 20 units filled (yay!). However, the third floor (vaulted ceilings) are left and no one wants them. Why? When I show the units they smell of smoke badly. Many of the 2nd floor tenants smoke.

I have put air purifiers to eliminate smoke smell in each unit which now it smells like stale smoke. It frustrates me that these brand new units that haven't even been lived in are being ruined by the smoking.

Is it possible that I make them smoke free and ask all current tenants to smoke outside? Or am I setting myself up for lawsuits?

Guidance for this property manager newbie would be much appreciated.

Ask Nadeen Green she is the Fair Housing Rules queen. If restraunts and hospitals can have a no smoking zone I don't see why we can not. If it is possible to do so this is a great selling point, but check with Nadeen Green.Also try asking for an ozone from your carpet cleaning company to see if you can get the smells out.

Our entire organization nationwide has gone smoke free. We grandfathered the existing smokers. All new move-ins sign smoke free policy (this includes transfers).

It has so far been very successful. Good Luck

Well there you see you can make your complex a smoke free community!

This is great news Dee! Can you explain more on how I can put this into action? I have 6 tenants that I know of that currently live here just signed leases who smoke in their apartment. Can I really go tell them tomorrow that we have gone to no-smoking inside & give them the option to break their lease if they want? I'm concerned about the legality about this...

Then every lease forward I will have the individual sign a no smoking policy.

I would say that you would need to grandfather the current smokers and then add to your leases for new move-ins and transfers (guideline is when the unit has been turned, no smoking). Also add to rules and regs.
You could provide the smokers incentives to become a smoke free unit, such as rent concessions for the remaining lease term, electronic cig, unit makeover (what ever you can afford). This worked at a community in Wisconsin and this community is now 100% smoke free.
We have also installed nice gazebo's for smokers to gather. Strangely enough though both smokers and nonsmokers enjoy it. We have found that if we go about it all making sure we do not make the smokers feel like second class citizens we get more cooperation.
If you have a conventional style community (not government regulated) you can also let your residents know that the grandfather rule is for the current lease term. If they choose to renew, they must agree to being a smoke free unit and of course then you would paint, etc. to rid the unit of smoke.
We have found the success is due to being respectful to smokers and non alike and enforce the respect rule community wide. If you want to go smoke free, give your smokers a respectful place to gather outside (this also keeps them away from front entrances)

Good Luck!!

I was thinking of making one building smoke-free. Do you think the value would increase? I was looking at the expense of having a smoke-free building. This is what I decided:
1. Lower risk of fire, both inside and outside of the apartment.
2. Less time spent for maintenance picking up the butts and sending violation notices for throwing them on the ground.
3. At move-out, save the extra cost to:
a. replace carpet due to burns.
b. save the "odor" removal fee for the carpet we do save.
c. save the cost of an additive to the paint to remove odor.
d. save the cost for extra cleaning the carpet where they sit and smoke.

I have also found most smokers don't clean very well.

I would love to charge a little more for an apartment in a building that is smoke-free.

No need to grandfather in smokers who reside at your building.
If they are on month to month they need to comply with change of terms of tenancy.
If on lease wait until lease expires and then renew with the new rules.