eForms Logo

No-Smoking Lease Addendum

0.0 Stars | 0 Ratings
Downloads: 5

Updated September 23, 2026

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.

Check Local Laws

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 in a No-Smoking Addendum

1. The Parties

The name(s) of the landlord(s) and tenant(s) should be the same as 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 does not necessarily prohibit vaping, for example. Here’s an example of a definition from the California Business and Professions Code:[1]

‘Smoking’ means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.

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.

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.

No-Smoking Lease Addendum 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 a landlord can allow other forms of consumption and still rule against smoking on the property.

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.[2]

Sample

Download: PDF, Word, ODT

Sources

  1. California Business and Professions Code § 22950.5(c)
  2. HUD Smoke-Free Public Housing Rule (2016)