A no-smoking lease addendum is a document that amends a lease to prohibit smoking on a property. This type of addendum usually includes the terms of the no-smoking rule and the consequences of a violation, commonly a monetary fine or termination of the lease.
Smoking laws vary by city and state. In some areas, landlords are required to restrict smoking. Check your local and state laws to make sure your lease aligns with local regulations.
What to Include
1. The Parties
The name(s) of the landlord(s) and tenant(s) should match those on the original lease document.
2. Property Address
List the property address so the addendum can be matched to the original lease.
3. Smoking Definition
A lease addendum should be specific about what constitutes “smoking.” Prohibiting smoking may not necessarily be the same as prohibiting vaping, for example.
4. Delineation of Area
A no-smoking lease addendum either bans smoking throughout the entire property listed on the lease document or within designated areas. The latter tend to ban smoking inside the unit and in common areas, such as hallways, stairwells, garages, and lobbies.
5. Inclusion of Guests
The document should state whether the tenant is responsible for ensuring any guests on the property honor the terms of a no-smoking policy.
6. Consequences of Violation
An addendum should explain what happens in the event of a violation. Typical consequences include monetary fines for cleaning or deodorizing the property and lease termination.
FAQ
Can a tenant be evicted for smoking?
Perhaps. If a lease (or lease addendum) defines smoking as a violation, then yes, eviction is a possible consequence of smoking in the restricted areas of a rental property. Local landlord-tenant laws will dictate how and whether an eviction can legally proceed.
Can a no-smoking policy restrict the use of medical marijuana on a property?
The short answer is yes. Medical marijuana isn’t as cut-and-dried as other disability accommodations. Courts tend to differentiate between the right to use marijuana and the manner of consumption so that a landlord can rule against smoking on the property, for example, but allow other forms of consumption.
What’s the HUD rule on smoking?
The U.S. Department of Housing and Urban Development passed a law prohibiting the use of tobacco products in and within 25 feet of all public housing buildings.
