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Rainmaker
400,356
Jill Murty, Realtor - Orange County, CA
Movoto - Laguna Niguel, CA

Asking that the prospective client not smoke or mentioning that their house becomes your workplace and discussing California law regarding smoking in the workplace is likely be poorly received.

If the prospective clients smoke, you can say you have a sensitivity to it and are unable to work a job where smoking is onsite.  If the clients really want you to do the work, they will voluntarily make the adjustments necessary to hire you.

I'm not a smoker, but people have the right to smoke in their own homes, just as you have the right to decline work.

In cases involving a rental, the discussion should take place with the landlord or property manager.

Feb 01, 2015 02:27 AM
Rainmaker
7,784,694
Roy Kelley
Retired - Gaithersburg, MD

When you are in a home, the home owners are the ones that set the rules. 

Jan 31, 2015 09:46 PM
Ambassador
1,073,428
John Meussner
Mortgages in AZ, CA, CO, DE, FL, GA, IN, MD, MN, MT, NC, NJ, NV, OK, OR, PA, SC, SD, TN, TX, UT, VA, WI - Fair Oaks, CA
#MortgageMadeEasy Fair Oaks, CA 484-680-4852

Tom, I'd guess the option would be you can choose to do the job with them smoking, or to not do the job.

I wouldn't tolerate it though, 2nd hand smoke is disgusting and I think we have a right to not be impacted by someone else's habit.

Jan 31, 2015 01:50 PM
Rainmaker
443,220
Cindy Davis
SD Home Source Realty - San Diego, CA

That's a tough one. There is definitely a difference between a commercial office building and a private residence. My guess here is that you can't dictate what someone does in their home. All YOU can do is choose not to work ina smoker's home...

Jan 31, 2015 09:23 AM
Rainmaker
1,764,315
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

That's a really interesting question Tom. My first thought is that people can do whatever they want in their own home. But... it IS your workplace.

Might be a good one to ask with a call to the Attorney General's Office. 

Feb 01, 2015 04:30 AM
Rainmaker
943,583
Suzanne McLaughlin
Sabinske & Associates, Inc. (Albertville, St. Michael) - Saint Michael, MN
Sabinske & Associates, Realtor

Back when my husband smoked, he never smoked when there were other people in the house....however, it always smelled of second hand smoke, and no one ever said a word about it.

Feb 01, 2015 04:17 AM
Rainmaker
4,319,419
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Now if we go buy the guidelines, you are right Tom Arstingstall, General Contractor, Dry Rot, Water Damage Sacramento, El Dorado County - (916) 765-5366 - they should not smoke at home inspection.

Jan 31, 2015 01:34 PM
Rainmaker
1,771,867
Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

Law or not I won't put up with it Tom. I have Asthma and smoke bothers me.

Jan 31, 2015 12:18 PM
Rainmaker
2,443,200
Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

If only you could...it would be awesome, but I don't think it would fly.

Jan 31, 2015 11:22 AM
Ambassador
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Good question, we do not allow our renters to smoke in the home.

Feb 21, 2019 02:27 AM
Rainer
279,878
Dipti Thakkar
LAER Realty Partners - Andover, MA
On a team with Praful Thakkar

I think so.

Jun 11, 2018 11:28 PM
Rainmaker
630,251
Ajay Pandya
e-Merge Real Estate Unlimited - Columbus, OH
Realtor Ajay Pandya

Sure. Why not?

Jan 30, 2018 11:30 PM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Great question for an attorney!

Feb 17, 2016 09:56 PM
Ambassador
3,727,581
Patricia Kennedy
RLAH@Properties - Washington, DC
Home in the Capital

I'm not a lawyer or a smoker, but it might seem a little cheeky to ask someone not to smoke in their own home - although I've done it when I've been working on listing preperations.

Feb 01, 2015 11:29 AM
Rainmaker
4,800,082
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I don't know about the legalities of this for California, Tom, but I'm going to guess that you certainly have the right to ask them to stop smoking, but I think they also have the right to continue to smoke if they are jerks.

Feb 01, 2015 05:09 AM
Rainmaker
1,782,182
Tom Arstingstall, General Contractor, Dry Rot, Water Damage Sacramento, El Dorado County - (916) 765-5366
Dry Rot and Water Damage www.tromlerconstruction.com Mobile - 916-765-5366 - Placerville, CA
General Contractor, Dry Rot and Water Damage

Even if it creates an illegal workplace Roy Kelley ?

Jan 31, 2015 10:50 PM
Rainmaker
1,782,182
Tom Arstingstall, General Contractor, Dry Rot, Water Damage Sacramento, El Dorado County - (916) 765-5366
Dry Rot and Water Damage www.tromlerconstruction.com Mobile - 916-765-5366 - Placerville, CA
General Contractor, Dry Rot and Water Damage

I think you are right John Meussner 

Jan 31, 2015 01:54 PM
Rainmaker
1,782,182
Tom Arstingstall, General Contractor, Dry Rot, Water Damage Sacramento, El Dorado County - (916) 765-5366
Dry Rot and Water Damage www.tromlerconstruction.com Mobile - 916-765-5366 - Placerville, CA
General Contractor, Dry Rot and Water Damage

I guess it would be hard to police Evelyn Johnston 

Jan 31, 2015 01:52 PM
Rainmaker
1,782,182
Tom Arstingstall, General Contractor, Dry Rot, Water Damage Sacramento, El Dorado County - (916) 765-5366
Dry Rot and Water Damage www.tromlerconstruction.com Mobile - 916-765-5366 - Placerville, CA
General Contractor, Dry Rot and Water Damage

I can see how that would be a problem Noah Seidenberg 

Jan 31, 2015 01:51 PM
Rainmaker
1,782,182
Tom Arstingstall, General Contractor, Dry Rot, Water Damage Sacramento, El Dorado County - (916) 765-5366
Dry Rot and Water Damage www.tromlerconstruction.com Mobile - 916-765-5366 - Placerville, CA
General Contractor, Dry Rot and Water Damage

I like your thinking Praful Thakkar 

Jan 31, 2015 01:50 PM
Rainmaker
1,782,182
Tom Arstingstall, General Contractor, Dry Rot, Water Damage Sacramento, El Dorado County - (916) 765-5366
Dry Rot and Water Damage www.tromlerconstruction.com Mobile - 916-765-5366 - Placerville, CA
General Contractor, Dry Rot and Water Damage

It doesn't sound like I have a lot of rights in their home Cindy Davis .

Jan 31, 2015 01:49 PM