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You won’t be able to charge an additional pet rent for the animal, but you are within your right to have an additional security deposit for the animal. Your best bet may be to establish the type of pet policy you feel most comfortable with for your property, and make concessions when an applicant who meets your criteria has documentation for an animal you wouldn’t otherwise accept. You can require a doctor’s note proving the pet is required, but sites are starting to appear that help renters obtain the necessary documentation online to circumvent the issue ( note: I won’t link to one of these sites and help drive traffic to a potentially fraudulent business). Let’s get this out of the way right now – emotional support animals are still a complicated topic to cover. Marijuana can be imbibed through methods beyond smoking so you should still be okay retaining your ‘no smoking’ policy. Verify what your state’s laws are before establishing any type of criteria (consult with a legal expert as you should with any potential liabilities in your policy), and be prepared to make concessions for medical patients to avoid accidental discrimination due to disability. You should also be prepared for an applicant to admit to smoking marijuana when asked this question as more states have made it medicinally and recreationally legal. If an applicant confirms smokers in the house then having that be a disqualification from applying might be in your best interest. You can certainly build into your policy a disclaimer about no smoking allowed inside the structure, however, if you’ve ever had the displeasure of trying to fix up a rental with smoke saturated walls and carpets then it might be worthwhile to try and avoid the risk altogether. Unless you don’t mind your rental property having a distinct lingering odor of cigarette smoke, it might be worth your time to establish a ‘no smokers’ policy as part of your criteria.
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This might be accomplished verbally through your other discovery questions, or there could be some derogatory information found during the credit check or background check process. A sense of urgency with an applicant who wants to move in ASAP should be just enough of a red flag that it encourages you to investigate a bit more.