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Smoke-Free Lease Addendum Template (2)

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Updated on April 10th, 2023

A smoke-free lease addendum is an addition to a rental agreement that prohibits tenants from smoking on the premises. The addendum specifies the areas that are off–limits, which generally includes the unit occupied by the tenant and all other indoor spaces and common areas. It also describes the consequences of violating the no-smoking policy; penalties can range from having to reimburse the landlord’s cleaning costs to being evicted from the property.

CONTENTS

By Type (2)

Standard Smoke-Free Lease Addendum – Allows landlords to establish a no-smoking policy in a residential lease agreement.

Download: PDF, Word (.docx), OpenDocument

 

HUD Smoke-Free Lease Addendum – Used by landlords of HUD property to prohibit tenants from smoking on the premises.

Download: PDF

 

Sample

Download: PDF, Word (.docx), OpenDocument

SMOKE-FREE LEASE ADDENDUM

1. THE PARTIES. This Lease Addendum (“Addendum”), made effective as of [MM/DD/YYYY], is by and between:

Landlord: [LANDLORD NAME] (“Landlord”) and

Tenant: [TENANT NAME] (“Tenant”).

The Landlord and Tenant are each referred to herein as a “Party” and, collectively, as the “Parties.”

2. ORIGINAL LEASE. This Addendum is being added to the lease agreement between the Parties, dated on [MM/DD/YYYY], for the property located at [RENTAL PROPERTY ADDRESS] (“Original Lease”).

3. DEFINITION. “Smoking” means inhaling, exhaling, breathing, or carrying any lighted or heated cigar, cigarette, pipe, vaporizer (e.g., e-cigarette), hookah, shisha, or other tobacco, marijuana, herbal or similar products, whether natural or synthetic, in any manner or in any form.

4. SMOKING POLICY. Smoking shall be prohibited in the following areas: [LIST AREAS WHERE SMOKING IS PROHIBITED].

5. EFFECT OF BREACH. A breach of this Addendum by the Tenant shall be deemed a material breach of the Original Lease and grounds for enforcement actions, including eviction. The Tenant acknowledges that a breach of this Addendum shall also render the Tenant liable to Landlord for the costs of repair to the Tenant’s rental unit due to damage from smoke odors or residue.

6. EXECUTION. This Addendum may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Landlord Signature: ___________________ Date: [MM/DD/YYYY]
Print Name: [LANDLORD NAME]

Tenant Signature: ___________________ Date: [MM/DD/YYYY]
Print Name: [TENANT NAME]

Frequently Asked Questions

Is it legal to prohibit smoking?

Yes. It’s legal to prohibit tenants from smoking on the property. However, landlords are advised to contact their local housing authority to ensure the conditions of the smoking ban comply with local laws and regulations.

Can the addendum prohibit e-cigarettes/vaporizers?

Yes. In addition to banning cigarettes and other combustible smoking materials, the lease addendum prohibits tenants from using e-cigarettes and vaporizers.

Is there an exception for medical marijuana?

Maybe. Tenants suffering from certain medical conditions may be entitled under the Americans with Disabilities Act (ADA) and similar state laws to request permission to smoke medical marijuana on the premises. Landlords can refuse the tenant’s request if the accommodations would cause them “undue hardship” (i.e., if the costs are too high or if the smoking would cause a significant safety issue).