Is it illegal for a landlord to demand that you do not drink alcohol if you are of legal age?

UPDATED: Apr 28, 2012

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Is it illegal for a landlord to demand that you do not drink alcohol if you are of legal age?

I’m looking for an apartment in Utah and so many landlords have “Mormon standards” requirements. I understand no smoking inside because that will stink up everything, but why can’t I have a glass of wine, or a beer? especially if I’m not a Mormon. Is it legal for them to not rent to me unless I agree not to drink?

Asked on April 28, 2012 under Real Estate Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Landlords are allowed to set rules for what is or is not permitted in their rental premises, even if such rules are inspired by the landlord's religion, so long as such rules do not discriminate against a tenant or potential tenant due to his or her religion (or certain other protected categories, such as race). However, since I do not believe any recognized religions require alcohalic consumption at home, it is not religious discrimination to prohibit tenants from drinking at the rental premises. So it would be legal for a landlord to mandate "dry" rentals.

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