Day 27: Enforcing smoke-free Airbnb room in the wake of marijuana legalisation

[Thomas1188]

Thank you @Lizzie for inviting me to share my experience with hosting. It is Day 27 of our celebration month. Reading from the previous posts of other hosts who participated, I have learnt a lot from the experiences and pieces of advice shared in this forum that I wouldn’t have known otherwise.

To start with, I am a new host, barely started this October 2019 and have so far hosted 14 stays with one of the stays being long-term (over a month). At first, I was excited that I have finally started a project I had stalled for 3 years plus. As bookings started coming in, I would respond joyfully and then comes in the stress of making sure guests are checked in. All is going on well so far, but I have encountered a serious problem that I wanted to share here for others to be aware as well.

Often, we indicate that rooms are non-smoking, but I am realising that Guests don’t pay attention to those desired restrictions. I had one guest who was staying for 2 nights and smoked marijuana in the room. I woke up in the morning and passing in the corridor and there was this unusual smell until I went closer to the guest room and the young lad was smoking. I got lost between courtesy and my morning rush of going to work and missed the chance to advise the guest immediately and even if I would do, the guest was leaving the next day. Now for those reading, cannabis use is legal in Canada, since 17 October 2019 and some lads just smoke having in mind that the law is on their side.

Since then not only I have updated the information to read strictly that no – smoking, I have also bought non-smoking stickers and placed in the rooms. What I wanted to share with other hosts dealing with same scenarios though is to be careful in the way you treat/interact with marijuana users for there can be a thin line of discrimination when addressing this with guests. Most of the marijuana users are sensitive to being discriminated. While enforcing non-smoking rules, it good to know that under the law a housing provider would still have a duty to accommodate a person who smokes or vapes this being understood to be able to provide alternative places for smoking such as balconies or terraces.

It will be nice to hear from other hosts how they deal with this.

[Pete28]

Airbnb could simply follow uber and ban any guest that smokes in a no smoking property. Or they could just ignore the problem and keep collecting the booking fees...

[Thomas1188]

Pete, that would be a great idea! if Airbnb takes it up as a measure to protect hosts and guests

[Robin4]

@Pete28

Ah, but Pete that would offend potential guests and possibly cause them to re-consider using the Airbnb platform, and Airbnb would never allow something like that to happen.

From a hosts perspective moral backbone on the part of Airbnb is not something that falls thick on the grass!

Cheers.....Rob

[John1080]

@Thomas1188, you mentioned the concerns about discriminating against marijuana users when you said, "Most of the marijuana users are sensitive to being discriminated." I'm unsure of how the discrimination law works in Canada, but in the US, only certain protected groups are entitled to this protection - smokers not being one. 

I have strict non-smoking policies listed on the listing, in my pre-approval message, again in my pre-arrival message and in my listing. I also, truthfully, emphasize the ban on my premises on the grounds that the surrounding area is very arid and extremely prone to fires. As far as I know, none of my guests has smoked anything inside and I have never seen them smoking when viewing my exterior security camera either.

You could emphasize in your listing details, messages, etc that the strict-non-smoking policy is linked to health-related issues such as asthma. Also, you should list that and have the potential guests agree that there will be a $500 penalty and that guests will be asked to leave if this rule is broken. Now, of course, this may or may not be enforced by Airbnb, but guests do not know that beforehand. 

[Thomas1188]

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@John1080 wrote:

@Thomas1188, you mentioned the concerns about discriminating against marijuana users when you said, "Most of the marijuana users are sensitive to being discriminated." I'm unsure of how the discrimination law works in Canada, but in the US, only certain protected groups are entitled to this protection - smokers not being one. 

I have strict non-smoking policies listed on the listing, in my pre-approval message, again in my pre-arrival message and in my listing. I also, truthfully, emphasize the ban on my premises on the grounds that the surrounding area is very arid and extremely prone to fires. As far as I know, none of my guests has smoked anything inside and I have never seen them smoking when viewing my exterior security camera either.

You could emphasize in your listing details, messages, etc that the strict-non-smoking policy is linked to health-related issues such as asthma. Also, you should list that and have the potential guests agree that there will be a $500 penalty and that guests will be asked to leave if this rule is broken. Now, of course, this may or may not be enforced by Airbnb, but guests do not know that beforehand. 

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John, certainly smokers are not a "protected" group to warrant discrimination in legal terms, however, it is an issue between the host and guest relationship and the courtesy we owe to each other. 

[John1080]

@Thomas1188, in your post, you expressed concern about discriminating against marijuana users or that they would feel discriminated against. You stated that Canadian law essentially considers smokers a protected class because the law demands housing providers provide them with a place to smoke. If that is true, I consider that to be asinine. 

Now the bar has been moved a bit and you seem to state that your concern is more of a question of respect. If someone violates your rules by smoking in your home, they're the one disrespecting you and they don't deserve the 'respect' of the host. If a person violates the rules, particularly pertaining to smoking in a non-smoking place, they should be kicked out at once, not shown courtesy. 

[J-Renato0]

Thomas

I think you has raised an important issue.
However, honestly speaking, I think it is somewhat out of the focus of the December project posts serie. It has not to do with the spirit of December Project.
It is a topic that could have been posted as a normal topic and suggestion to be discussed.
Just my opinion.

[Tony134]

@Thomas1188 I'm one of the biggest marijuana supporters you can find, even collected thousands of signatures to get it legalized in my state. That being said, no mj smoker should expect to be able to smoke in your home ! Make it clear smokers should take it outside, and feel confident giving them the boot if they try it inside.

I have zero mercy for people who light up inside the house. I was a smoker for 20 years, every smoker everywhere knows inside is not cool, if they are doing that inside they know better and are just abusing your home.

[Robin4]

@Thomas1188

Hi Thomas and welcome to Airbnb hosting, it sounds like you have done your homework and are off to a good start.

Mate, the issue you have related in this post is about smoking, and just that....discrimination has got absolutely nothing to do with it. Whether it's cigarettes or MJ is irrelevant, your house rules state no smoking so that is the  crux of your argument with the guest. Other people who are to come can be affected adversely by the lingering effects of smoking  and you don't want to risk a bad future review because you turned a blind eye to something you don't allow, simply for these guests. The law in Canada may allow for the smoking of substances in certain public/accepted areas, it does not allow the smoker to overide individual entry requirements, be they public or private.

Just tell them, sorry, smoking just can't happen here....it's what it is, smoking, I just don't allow it!

Oh and just one other thing Thomas, don't wish your life away....we are still firmly entrenched in 2018, albiet just by a few days....but I doi wish you well for the coming year of 2019!

Cheers.....Rob

[Sarah977]

@Thomas1188 Are you sure you understand the new laws re marijuana correctly? Just because something is legal, doesn't mean a private homeowner has to allow that in their home, even on an outside balcony. They couldn't deny the guest the right to smoke out on the sidewalk in front of the house, though. I think a host who had a history of alcoholism in the family which caused untold grief for family members could state that there is to be no drinking in their home, even though drinking is legal for those of age. It isn't illegal for someone to make a mess in someone else's home, but a host can certainly call out a guest, or contact Airbnb to have their booking cancelled if they refuse to behave respectfully and follow house rules.

Personally I don't care if anyone smokes outside at my place, I'm a cigarette smoker myself. But guests are required to follow a host's house rules, regardless of the legality of the guest's infraction.

 I admit I haven't read through all the laws surrounding the legalization of marijuana in Canada. I can see where you maybe couldn't deny a person the right to smoke mj outside in an entire home rental if they were a long-term tenant, or refuse to rent to them simply because you found out they're a pot smoker or vaper, but everyone has the right to say what goes on in their own home. And you couldn't fire one up in a theatre (unless that theatre was 420 friendly, but I doubt that could happen because of fire laws) or a museum,  or on public school grounds, anymore than you could openly guzzle a mickey of vodka in those places.

[Cathie19]

Hi @Thomas1188. Welcome! 😊

I think it’s wonderful that you are researching to be an educated and knowledgeable host. 

However, this is not discriminatory, but a house rule choice. It also assists with fire safety.

Once you decide to be either a strict “no smoking”, a smoking or a restricted smoking - designated areas only, then guests must abide by the rules.

- Rules documented in your listing.

- Have them written in your on site folder/information package for guests

- communicate information ( re smoking) on check in

- have signage supporting your chosen requirements

I am strict “no smoking” in or near the buildings for health &  hygiene. I state:

“ To maintain a fresh and healthy environment, this is a strict non-smoking premise. This includes e-cigarettes. The openness of elevated houses causes cigarette smoke/vapour to drift. If you feel a need to smoke, there is one spot in the far corner of the yard that has been made available for use.”

 ( I use small stickers with “no smoking symbols” and “thank you for not smoking” on entry doors and patio areas. I have 2 seats under a tree with a home made sign attached,  “smokers corner”. I leave an outside enclosed ash tray under one of the seats.)

For Australia, for my premises, I also have:

”No parties or events, no illegal activity or inappropriate anti-social behaviour.

- Authorities and Airbnb will be contacted for your removal.”

[Robin4]

@Thomas1188 @Sarah977@John1080 @Tony134

Can I just make an observation... @Cathie19 is travelling across a large slab of Australia at this very moment and yet she still has the opportunity to post here on the community centre!

Either Garry is a complete bloody boar...... or Cathie has such dedication that she feels the need to put the community centre first and continue to contribute!!

Ata girl, Cathie.

Cheers.....Rob

[Cathie19]

@Robin4, lol..... you can tell that Garry is never boring, but the TV channels at the caravan park in this heat is! 

[Robin4]

@Cathie19

Oh dear,. that sounds like Neranderra! :-((

Cheers....Rob